Legal Question in Real Estate Law in New York
unintentional destruction of property (short question)
I am a critic who lives at home. The apartment next door is being gutted by the same real estate firm that owns my apartment (they are preparing it for a new tenant). The contruction workers make a lot of noise, which I suppose I can't complain about. However, they are also banging so much on the opposite wall that my bricks are started to shift. A huge amount of dust is falling on my bed and personal effects. One of my pictures fell of the wall and broke. I have to open the windows to deal with the dust, which is hard to bring myself to do in the winter. I do not live in a housing project-- this is the Upper Eastside-- what legal measures can I take? I asked if the real estate firm could compensate me financially and they laughed, but I thought this a reasonable suggestion. Please tell me what you think.
1 Answer from Attorneys
Re: unintentional destruction of property (short question)
You may very well have what is considered a claim for cosntructive eviction or at the very least a breach of the landlord's obligation to provide you with "quiet use and enjoyment" of your leased premises. A nuisance claim is also a possibility and with any of the above your landlord may be forced to provide you with a rent abatement, landlord tenant issues such as these are our specialty�..however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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