Ask a landlord-tenant lawyer and get answers ASAP
Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!
I am very sorry to hear this. Actually every landlord has an implied covenant in every lease which is the covenant of quiet use and enjoyment along with the implied covenant of habitability. If the landlord breaches this that can be constructive eviction.
The landlord can be liable for the moving costs, along with difference in new rent. It is important to establish a basic necessity such as heat was not provided.
So documenting requests for repairs and having a building inspector is standard.
For construcroce eviction an attorney can help document and verify it is extreme enough to ensure tenant recovery which may include attorney fees.
The tenant can also sue for a declaratory judgment where the judge determines the landlord is in breach. But a building inspector can also satisfy that goal.
Refund of a security deposit would be permitted and required in constructive eviction so long as there is no tenant damage.
This should give you an idea on how this type of case is looked at from a judge's perspective:http://www.nycourts.gov/courts/ComDiv/lawreport/Vol13_No3/Pines-3Mb.pdfThank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly
This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.
Thank you and take care!
No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.
Hello again; just checking in to see how things worked out;if you have further questions please don't hesitate to reach out to me here on Just Answer. Thanks!