Legal Question in Real Estate Law in New York
Rent
I signed a lease for an apartment Aug. 1, 2002. When I moved in the bathroom ceiling started leaking. The Managmenet Co with the Super tried to fix the leak but it didnt work. I started living there this month Sept. but I havent paid any rent as yet. Why? Well, I want out of the lease, how can I do this? Should I pay rent?
Mini
1 Answer from Attorneys
Re: Rent
If the leak makes the apartment uninhabitable you have several choices: place the rent into escrow with your attorney or a bank until the problem is resolved. You also have the right to deduct a reasonable amount from the rent since you do not have total access and use of the apartment. Or, if this creates an intolerable situation you can cancel the lease. To be safe, I suggest you take pictures or a video of the leak so you have proof. Also, have you put the complaint in writing to the landlord or their agent, certified mail, return receipt requested. I also suggest that you confer with a real estate attorney to protect your rights and assist you if terminating the lease becomes a problem and the landlord sues you.