Legal Question in Real Estate Law in New York

i signed a one year lease with my roommate. she is not the landlord but the leaseholder. i paid rent and deposit and moved in. ever since then, she has been harassing me and making my life inconvenient. i defended myself and she called the cops. the cops, of course they did not do anything and asked us to go to civil court. Here is my question. i am going to move out at the end of next month because she is forcing me to move out. can i use my deposit as last months rent? I am pretty sure she will not give me the deposit back as i found out she is unemployed after i moved in. Can i take her to court for breaking the lease, denying me the right to a peaceful environment and being abusive to my little dog. what are my options here?


Asked on 5/21/14, 8:44 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

You don't need to pay her anything. Your situation is such that no reasonable person would remain in occupancy. This is constructive eviction, and you can sue for it. Sue for return of the security deposit plus expenses of moving and the destruction of your leasehold. She seems to have broken the covenant of quiet enjoyment (which has nothing to do with noise).

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Answered on 5/21/14, 12:50 pm


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