Legal Question in Landlord & Tenant Law in New York
Right to terminate lease
My landlord is replacing all of the old plumbing on our floor, causing unliveable conditions. This repair is for the benefits long-term, and were NOT the result of an immediate problem. The half bathroom (toilet and sink) is torn up from floor to ceiling, and the sink, medincine cabinet and sink housing are in our kitchen, along with all of the storage items we keep in that bathroom normally. The whole apartment is covered in dust, and we have no plumbing from 8:30-5 everyday (so far for two weeks- full repairs are expected to last AT LEAST another 6 weeks). We want to know if we have the right to stop paying rent, and if we can terminate the lease as we do not want to live in these conditions. He has a $3,000 security deposit from us that we would need to collect. Also, is it possible to ask for some of this months rent back, as we have been already suffering through these conditions? Thanks!
3 Answers from Attorneys
Re: Right to terminate lease
This sounds awful! I hope this has not interfered with your career. Its tough enough to wake up ready to meet the world when our home is perfect, this sounds like a nightmare!
You have a case for rent abatement (lower rent and a refund for the past) if you choose to stay in that apartment or a constructive eviction if you choose to leave. Both remedies are available to you. Once you make your choice, this is likely to be a relatively basic (although not simple-no case is simple!)case. The law is well-settled (it is firm without a lot of gray areas) in this area.
You are welcome to a consultation at no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646) 591-5786.
Re: Right to terminate lease
A rental abatement may be just one of several forms of indemnification available to you....however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Law Offices of
STEVEN J. CZIK
The Soho Building
110 Greene Street, Suite 605
New York, New York 10012
(212) 413-4462
The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.
Re: Right to terminate lease
It's possible that the conditions you describe constitute a constructive eviction which essentially means that the landlord has deprived you the right to live in peacefully in your home due to the conditions he's created.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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.
