Legal Question in Landlord & Tenant Law in New York
tenant's rights
My daughter signed a two yr lease to stay in her apt with the signed promise she would get a brand new kitchen. The kitchen so far hasnot been replaced and it is already 6 months into that 2 yr. signed agreement. She has also had someone try to get into her apt during the middle of the night, thinking that the previous tenants still lived there. ( a duplicate key must have been given to that person and they thought the other tenants still lived there). She asked the handy man in the complex to change the lock and three weeks later, he still hasnot. Every time she calls the office, she either gets the voice mail, or the person she has to speak to is ''NOT'' there at the moment. No one ever calls her back. What are her rights at this time? She wants OUT!
1 Answer from Attorneys
Re: tenant's rights
Notice first must be given to the landlord about the breach. You must follow the notice provisioin set forth in the lease (probably certified mail).
In the notice you should state the problem and request either repair or compliance. A period of time should be given. With the locks, the period of time should be short (because of safety reasons). With the kitchen, a little longer (maybe a month).
If no answer concerning the locks, hire a locksmith and present the bill to the landlord for reimbursement. If he does not reimburse, I would start a small claims action. No matter what, do not stop paying rent.
Concerning the kitchen, it may be deemed a material breach of the lease. It is hard to tell without doing any research. With a material breach of a lease the tenant is allowed to terminate the contract.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
