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Question

I would like to break my lease, but the landlord is fighting us on it. We have sufficient reasoning for wanting to break our lease and we need advice on how to put everything into place to make it happen witout us getting penalized. Can anyone help?

Submitted: 60 days and 16 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Optional Information

State/Country relating to Question: New York

Already Tried:
We have tried speaking to the landlord directly and have gone to the management office.

Posted by LawNinvest 60 days and 16 hours ago.

Answer

Breaking a lease is difficult to do unless the basis for breaking it has to deal with a landlord being the one who has breached the lease terms, has been given some time to cure the violation and has failed to do so, leaving you no option but to terminate the lease. So you cannot just break it without first giving the landlord some time to cure the violation. So for example if you are claiming uninhabitable premises, you first need to send a letter to the landlord about the violation and give them at least 15 days to cure or you will vacate. If the violation affects your health and safety the local housing inspector would need to be contacted so they can force the landlord to cure the violation or give you permission to vacate the premises without liability if the premises are considered uninhabitable by the housing inspector for code violations.



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60 days and 15 hours ago.

Reply

So besides the apartment being uninhabitable becasue of the dry rot, mold and mice, he has also enetered our apartment and has done construction to the apartment that has change the floorplan, without giving us ANY notice at all. This was strike one for us, strike 2 was the work that they did in the apartment. They cut a hole in the floor and in the ceiling for a pipe. they cut the hole too big and now there is a drywall patch on the floor with dry wall walls built ontop of it. When they sawed through the floor boards the floor boards split and now are cracked and splintered. Strike 3 is when he promised us before resigning the lease that the new construction that was being done to the other apartments would not be done to ours. He never said that ment that pipes still had to be run through our living room. Which has now created water damage to our wall and ceiling within the last 3 days. We have photos of everything. Also he said that this construction that had been started in our apartment would be finished in 4 days... it took them 21 days. We have warned him on numerous occasions other than this most recent one that we need to have sufficient reliable notice of them entering our apartment. Not telling us they are coming on Thursday and turning up on a Monday when we are not at home. There are so many other examples of him enetering our apartment on days other than what we had agreed upon. And the quality of work being done in the apartment is horrific. Do I have a case at all?

Posted by LawNinvest 60 days and 15 hours ago.

Answer

Thank you for your reply.

Wow, you do have a case. His actions have rendered the premises uninhabitable.

If a landlord wrongfully interferes with or interrupts the tenant's possession, use and enjoyment of the leased premises or a substantial portion of your rights, then the landlord has breached the covenant of quiet enjoyment, which is implied in every lease.

In essence the landlord's conduct has resulted in a constructive eviction. Constructive eviction is where the tenant is substantially deprived of beneficial use and enjoyment of the leased premises by the wrongful acts of the landlord.

A mere disturbance is not enough; rather, the disturbance must be significant enough to deprive the tenant of the beneficial enjoyment of the leased premises causing you to leave and avoid paying the rent.

 

The condition upon which the claim of constructive eviction is based cannot have existed at the time tenant took possession. To constitute a deprivation of the beneficial enjoyment of the premises, a minor isolated problem is not sufficient; the landlord's acts or omissions must be serious and persistent.


As to options: You can sue the landlord for the breach and make them responsible for the costs in finding another place to live, relocation costs, application etc.... or you can vacate the premises, send them a written letter explaining the landlord's conduct has resulted in constructive eviction and that because of their conduct no further rent is due as they breached the lease. Place them on notice that you will take further legal recourse if the landlord disputes your vacancy. Keep records of everything you send.

You may wish to also have the local housing inspector check the place to agree with you that the premises are now uninhabitable so that you have an independent party as your expert should the landlord object to your leaving.


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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

60 days and 15 hours ago.

Reply

Good! That's what I thought. I just needed someone to tell me that. What should I do now? My boyfriend has written a letter to him and to the management office explaining in detail everything that he has ever done with photos to prove. Yet he still seems confident that we will have to continue paying him rent until he moves in a new tenant. Should I not worry? I am going to call a housing inspector now. If I am to take action should I go to small calims court?

Posted by LawNinvest 60 days and 14 hours ago.

Answer

No, I would not worry, so long as you have proof of the conditions of the house, you should be find. Yes, I would contact the housing inspector to help you out. From there wait and see what the housing inspector says. If you sue, it would be done with the housing court, which I believe would be located in small claims court. You would need to ask the court clerk in your area where that would be.



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Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

60 days and 14 hours ago.

Reply

THANK YOU< you have been a big help. You've lifted a huge weight off my sholders. THANK YOU THANK YOU THANK YOU!!!!!

Posted by LawNinvest 60 days and 14 hours ago.

Answer

My pleasure.



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_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

60 days and 14 hours ago.

Reply

One more thing... Do you think if I took him to small claims, that I could get him to pay for all the expenses of my new move? Movers etc...? and get my security deposit back?

Accepted Answer

Since he is the one causing you to leave prematurely, the landlord is responsible for any costs you have incurred in connection to having to vacate before the lease has expired. So you would be entitled to your out of pocket expenses in having to find a new place. As soon as you vacate the landlord has to refund your deposit minus any damages to the property that you caused that are beyond normal wear or tear.




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_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

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Expert: LawNinvest
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/22/2009

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Posted by LawNinvest 60 days and 14 hours ago.

Answer

Here is information about your security deposit.

http://www.housingnyc.com/html/resources/faq/security.html




Please click accept, it is greatly appreciated. To request me for future questions, please begin your question with “Attention lawNinvest” Thank you.

_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

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