Legal Question in Real Estate Law in New York

Can I take a landlord to small claims court if I signed an agreement that was for Five years and it said that I forfiet my downpayment eventhough I had to move out because the heat didn't work in the upstairs where the bedrooms were and there was mold in basement, and other electrical issues within the house?


Asked on 10/27/11, 7:35 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Probably, but there might be proof issues. Did you send him written notice of the defects and afford him the opportunity to cure, or did you just leave? While anyone can sue, and you might have a case for constructive eviction, how you handled this might bear on the success of your case. Plus, I have not seen the Lease and how these matters might have been covered. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 10/27/11, 7:41 am


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