Legal Question in Real Estate Law in New York

Can you break a Rental Agreement w/ Good Reason

I moved into a Mobile Home Park 4 months ago. I signed a rental agreement that stated I agreed to rent the premise for a minimum of 15 months and give one month notice prior to leaving of the security deposit would be forfeited. The manager assured me this was just a rental agreement and that I could move out when ever I wanted to and as long as my place was clean and I gave a months notice I'd get my securiy back I am now moving out. I gave the manager a months notice and wrote her a letter explaining the reason why I was moving out. Someone was trying to break into my home. Twice someones taken my curtain and the 2nd time they got into my home while I was gone all weekend I also found out that it had been left open for anyone to enter while I was gone but a neigbor closed it. the door was locked when I left,I never use it. I also found out that a maintenance man was in my home while I was gone and I was not notified by my landlord, or manager. It states in the rental agreement that management has the right to enter at anytime if an emergency is immenent. there was no emergency and nothing to be fixed. Do I have a reason good enought o break my rental agreemen? and get my security back?


Asked on 5/06/98, 11:20 am

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

breaking rental agreement

One assumes that the landlord has flatly refused to return the deposit. Perhaps the landlord has threatened to sue you in an attempt to hold you to the 15-month term. It would appear that you may want to initiate an action in your local town/village/city court for the return of your security deposit. If you chose to do that, you might allege in your complaint that your right to quiet enjoyment was breached by the activities you detailed. If the court determines that such activities did, in fact, take place, it seems reasonable (based on what you've stated as The Facts) to imagine that you ought to prevail.

Bear in mind that altho' local court proceedings are designed with speed & efficiency in mind, it may still take a month or longer before you actually get the case before the Court.

Regards, etc.,

jmhayes

-> 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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Answered on 5/28/98, 2:32 am


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