Legal Question in Real Estate Law in New York

Landlord doesn't fix problems

I have been living in an apartment for 5 months now. We have a mold problem, which the complex knows is a recurring problem in basement apartments. For a month we told them about mold in our bedroom. Eventually, we just used bleach to kill it. Now, it's in the living room, in about a foot span on the carpet. They say that we can switch apartments, but their is a mess up with one months rent, so they won't move us out until it's paid. My concern is my boyfriend has asthma and allergies, and I don't want this bothering his health at all. Also, we have an 11 month old. I know that mold can be very harmful to children especially, and can flare up problems with asthma. Also, even minor problems, the complex doesn't care to fix. We would rather just get out of our lease instead of switching apartments. The washers and dryers are always broken, they said that all the building have that problem. We don't want to run into other problems if we change apartments, that they won't fix. Is there a way to get out of the lease w/o being held responsible for the rest of the lease and get our security deposit back? I don't see how even if we owe a month still, that they can keep us there if health problems may rise from this.


Asked on 8/19/02, 2:24 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Landlord doesn't fix problems

Suggest you contact Dept of Health. If they find a hazard you can terminate the lease.

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Answered on 8/19/02, 3:29 pm


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