Legal Question in Landlord & Tenant Law in New York

I just moved into an apartment building and the tenants who live below me are unemployed so they're home all day and smoke pot almost everyday. The smell comes right into our apartment through my kids bedroom window. They also fight a lot and tonight (10:30) he was outside cursing up a storm and slamming the doors downstairs. I have no reason to think this will stop. Do I have a legal right to break my lease (1yr) with no penalties.


Asked on 9/18/10, 9:04 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Before you break the lease, why don't you first contact the police. If you get nowhere with the police, you would have to first serve notice on the landlord about the noise and smoke. If the landlord, after receiving notice is still unable to help, you would then serve notice on the landlord stating that you are being constructively evicted from the apartment as a result of the noise and smoke - that unless issue ends on a specific date, you will vacate the apartment and hold the landlord responsible.

Mike.

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Answered on 9/24/10, 6:00 am


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