Legal Question in Real Estate Law in New York
Can we apply deposit to last month's rent due to loud landlord?
We have been living in our currrent apartment on the first floor in a four-apartment converted house since January. Our landlord, who lives in the basement, has been the noisiest of all our neighbors: talking loudly, playing loud music, and coming home drunk with his friends in the middle of the night, waking us and at least the people in the second floor up. We have repeatedly called and asked him to keep it down, but most of the time we just put up with it. Yesterday, at 6 p.m., his radio noise was vibrating our floor, and we couldn't hear our own TV. We asked him to turn it down, and he said we couldn't complain, because it was his house and it was only 6 p.m. We would like to leave before our lease terminates (Mar. 31), in which case the landlord said we lose our deposit (equal to one month's rent). Our lease says we can't use the deposit as the last month's rent, but we're wondering how that would hold up in court, if we didn't pay for December and left the same month, thereby coming out essentially even. The main lease is a boilerplate dated 1978, number A261, copyright by Julius Blumberg, Inc., if that helps. Losing the deposit is on a rider. We would appreciate any information regarding our legal position in this situation. Thank you.
2 Answers from Attorneys
RE: apply deposit last mo's rent
Altho' I don't have a copy of that Blumberg boilerplate in front of me, it likely has language in it referring to YOUR right to "quiet enjoyment" .. look for that language. You may have grounds for initiating an action to 'break' the lease on account of the Lndld's breach of same. Note the phrase "initiate an action" .. your choices are to take steps - 'pro-actively', as it were - that will require some effort on your part {you can probably accomplish this w/o an atty, depending on where you are at} OR someone situated like you are _might_ just leave and in the event the Lndld commences an action, *defend* same on much the same theory. In the event that someone "so-situated" chose the latter course, it would probably be appropriate to give the Lndld 30 days written notice {certified mail, retrn receipt, etc.}, stating reasons w/ specificity.
Regards, etc.,
Follow-up - security deposit
If someone "so situated" did choose to vacate the premises on account of the Lndld's breach of the "quiet enjoyment" clause, one would be *well-advised* to make certain that the premises were in the Best Reasonably Possible Condition & one might be well-advised to make a point of 'memorialzing' that w/ photographs, a video-tape, etc. ... one wouldn't want to leave behind, as it were, grounds for the Lndld to sue for (a) the remainder of the term of the lease _- and -_ damage to the property, would one?
-> these musings are, you know, just a "seat-of-the-pants" analysis & are not intended to be construed as / understood as / utilized as Legal Advice & Counsel <-
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