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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
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What rights does a tenant in New York City have to break a

Customer Question

What rights does a tenant in New York City have to break a lease if the apartment has rodents?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 10 months ago.

You have to give the landlord a chance to cure but if they fail you have the right to terminate the lease. They are required to provide a safe and habitable premises.

Customer: replied 10 months ago.
They had the super attend to the problem and he didn't do anything that helped and we have paid for a private extermination company to come in. The problem still exists. How long is long enough before we can break the lease. If we do break the lease do we then forfeit our security deposit?
Customer: replied 10 months ago.
Are you still there and available?
Expert:  Asad Rahman replied 10 months ago.

You will have to sue for breach of warranty in order to get the judge to allow you to break the lease. You can withhold rent for your extermination costs. The Landlord will sue you but then you would counterclaim that they breached the warranty of habitability. This is a good resource for you...http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf

Customer: replied 10 months ago.
Thank you.. Seems like a lot of money..
Expert:  Asad Rahman replied 10 months ago.

That is a common frustration. Even enforcing our rights can be expensive. I would say withhold rent until the issue is addressed completely.

Customer: replied 10 months ago.
Will do.. Thank you very much.
Expert:  Asad Rahman replied 10 months ago.

If you could rate the answer I would greatly appreciate it.

Expert:  Asad Rahman replied 10 months ago.

Good luck to you. One more tip would be to take pictures of any rodent activity. Those pics will be critical should either party seek court intervention.