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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33730
Experience:  Attorney for over 15 years, landlord 26 years
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Moved into an apt in NYC on Tues 11/15 ... however outside

Customer Question

Hi - moved into an apt in NYC on Tues 11/15 ... however outside my apt, just level with all of my windows (bedroom & lounge) there are dozens of HUGE flood lights which don't get turned off until 11.30pm which really affects my quality of life as I have to get up at 5.30am. The apt comes with blinds but they're not blackout. I've signed a 2 year lease! Is there anything I can do?
Submitted: 16 days ago via Cornell Legal Info Institute.
Category: Landlord-Tenant
Expert:  barristerinky replied 16 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I really hate that you are in this situation, but unfortunately the landlord is not responsible for outside conditions that affect the property. He only has a legal duty to provide a dwelling that is habitable and meets all minimum code and safety ordinances, but that is about it.

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So unfortunately, you are kind of stuck here and will have to get some blackout curtains or other light blocking shades as the lights wouldn't give you legal grounds to terminate the lease without repercussions.

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However, if you couldn't stand it and breached, the landlord has a legal duty to mitigate his damages and re-rent as soon as possible. Once he did, he can only hold you liable for his lost rent. So if it took him a month, that is all he could hold you liable for.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 16 days ago.
Thanks so much - all good to know!
Expert:  barristerinky replied 16 days ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. .

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Have a great afternoon!

Barrister

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