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Our landlord has been extremely rude and aggressive for no…

Customer Question
Our landlord has been...

Our landlord has been extremely rude and aggressive for no apparent reason since we moved in 14 days ago. Can we get out of the lease. I don't want to deal with this guy every day for a year.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York city

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There was a leak into the apartment below when we arrived from the shower. but its fixed now. theres a dishwasher that's broken

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thats it

Submitted: 11 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
9/14/2017
Lawyer: legalgems, attorney replied 11 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,923
Experience: Just Answer consultant at Self employed
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 11 months ago

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

In order to safeguard the tenant's rights, the tenant must give written notice to the landlord of the defect and if it is not fixed within a reasonable time then that may constitute grounds for constructive eviction.

As for a rude landlord, landlords are not entitled to harass a tenant, but because rudeness is objective and difficult to quantify it is often difficult to prove that it reached the level required to affect quiet enjoyment.

http://www1.nyc.gov/nyc-resources/categories/housing-development.page

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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