Legal Question in Real Estate Law in New York
cesspool sepage bsmt apt entrance for 1 yr
The only entrance to my bsmt apt is covered in cesspool sepage. Landlords have been made aware of problem for one year, they claim they do not have the money for repairs. Do I have any legal rights?
1 Answer from Attorneys
Re: cesspool sepage bsmt apt entrance for 1 yr
The primary legal remedy is for you to move
out and for you to have no liability to
the landlord for future rent, and for the
security deposit to be returned. This is
called constructive eviction
Most courts will not treat this as a serious
problem because you have "lived" with it
without moving for the past year, and moving
is the first option recognized by the law
your only remaining remedy is to report the
condition as a health hazard to the municipal
authorities where the property is located
and hope they issue the needed corrective
orders to the landlord.
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