Legal Question in Landlord & Tenant Law in New York

I recently moved into an apartment in Oct., before I moved in I asked the representatives if there were any pest problems and she replied no. Two weeks later I started to get roaches. I have constantly complained to the management company and they came and exterminated my apartment once. Also there are a number of repairs to be done. That has not been done since Oct. The second day I moved in my celing tile fell and the management company would not clean it up I did but I took some pictures also(By the way there is still a hole in my celing. Is there any way I can break my lease and move. I have read the lease a couple of times and it does not state what action to take if the landlord does notmake repair .

Monique (Rochester, NY)


Asked on 1/07/10, 12:33 pm

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

For every lease there is a warranty of habitability. There is law concerning a breach of this warranty by the landlord permitting a roach infestation in the apartment. That, together with a hole in your ceiling, may be deemed a breach of the warranty.

I would send a letter to management (by certified mail) demanding that the roach infestation is cured and the ceiling fixed in thirty days otherwise you are breaking the lease and leaving. If managment still does not address the breach of warranty of habitablility, leave.

Mike.

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Answered on 1/12/10, 1:44 pm


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