Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I signed a 1 yr lease Nov. 1, 2017 in Beach N.Y. When I

Customer Question
I signed a 1...

I signed a 1 yr lease Nov. 1, 2017 in Long Beach N.Y. When I moved in I noticed a water bug, and they began increasing dramatically. I let mgmt know of the problem many times to no avail. I stayed a total of 7 nights and vacated the premises. I pd Dec rent with my security deosit along with a late fee. On March 2 I rec'd a bill for Jan rent, late fee and cleaning charges. I feel the apt was uninhabitable because of all the bugs and feel I owe the landlord nothing. Do I have to pay the bill?

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

NY

Lawyer's Assistant: Has anything been filed or reported?

Like what?

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 4 months ago
This is my son's apt and I went with him when he signed the lease. I remember the realtor saying we may see a water bug, and if we see alot let mgmt know and they will take care of it. It seems like they knew there was a problem!
Answered in 39 minutes by:
3/9/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,369
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about this. I think you are correct in your statement that this appears to be a violation of the implied warranty (promise) of habitability because water bugs are not normally considered to make the place habitable. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally 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 usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement. So, if you were forced to move out because of the bugs, you were allowed to cancel the lease agreement without being charged any additional rent.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you are not liable for Jan's rent. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

How else can I help today?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,369
13,369 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
It's kind of a story. We signed a lease with a new apt
Hi, It's kind of a long story. We signed a lease with a new apt complex in San Marcos. It was for the last semester of college. The apts were supposed to be finished in Aug 2017 but were not finished … read more
Lori
Lori
Juris Doctor
1,845 satisfied customers
I need some advice on tenant laws on late fees assessed.
Hi Pearl - I need some advice on tenant laws on late fees assessed. Could you assist? … read more
Legal Eagle
Legal Eagle
Lawyer
13,369 satisfied customers
Can a landlord charge me and try and collect on a water bill
can a landlord charge me and try and collect on a water bill from 6 years ago that the landlord neglected to inform me about? … read more
Legal Eagle
Legal Eagle
Lawyer
13,369 satisfied customers
MY APT COMPLEX HAS NEW OWNERS THAT BOUGHT THE PROPERTY, I HAD
MY APT COMPLEX HAS NEW OWNERS THAT BOUGHT THE PROPERTY, I HAD A RENTAL AGREEMENT TO PAY MY DECEMBER RENT ON THE 16TH AND THE 30TH. WHICH I DID, AT THE SAME TIME I INFORMED MY NEW LANDLORD THAT I WOULD… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have been living in a condo in arlington tx and the landlord
I have been living in a condo in arlington tx and the landlord has not responded to my request to fix the water in the place since oct of last year I have paid a 200 dollar water bill, but I have paid… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Corinne moved to Denver in Feb 11 for work. March 1 11 she
Corinne moved to Denver in Feb '11 for work. March 1 '11 she signed an apartment lease for nine months, following being shown a "model apt" in an apt complex with a security gate. Within a day of movi… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
There was a fire in my apt building on Jan 17 2011 on the 3rd
There was a fire in my apt building on Jan 17 2011 on the 3rd floor and I live on the 1st floor. My apt suffered water damage and FDNY ruled in uninhabitable so we stayed @ my daughter's house for one… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
i rent an apt in the state of maryland and i live on the third
i rent an apt in the state of maryland and i live on the third floor. the floor in the apt above me squeaks and cracks everytime the tenants above me walks. now the property mgr. is trying to move me … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
My husband and I have been leasing a duplex in Cape Coral Fl.
My husband and I have been leasing a duplex in Cape Coral Fl. Our lease is up on Feb 1, 2011. They got the lease ready for us to sign in early Dec. 2010. We fully intended to renew the lease. Dec 16 2… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
I was supposed to move into an apt that I found through a realtor
I was supposed to move into an apt that I found through a realtor company. When I went to view the apt there was a tenant already living there (owner's daughter) and it was a mess. I told realtor and … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
Can I break a residential lease based on warranty of habitability
Can I break a residential lease based on warranty of habitability or cancel the contract based on quality in the wake of a flood in my apartment that was not properly handled by my landlord for over o… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I want to know if I have a chance in small claims court to
I want to know if I have a chance in small claims court to sue the apt's for wronful eviction . I was ask to move for no reason , after just one month . They claimed I had someone living with me which… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Apartment building infested with bed bugs, front office failed
Apartment building infested with bed bugs, front office failed to notify any other tenants to allow us to take preventative measures. Apartment complex is now pointing fingers trying to place blame, a… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I AM A COLLEGE STUDENT SHARING AN APT WITH 2 OTHER GIRLS IN
I AM A COLLEGE STUDENT SHARING AN APT WITH 2 OTHER GIRLS IN Kenosha WI. We got a 5 day notice and it said we had 560.00 in late charges. I looked at the ledger they sent me and they took 560.00 out of… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My family and I reside in 1 Bdrm apartment in a 40 unit apartment
My family and I reside in 1 Bdrm apartment in a 40 unit apartment building in Sherman Oaks, CA. We moved into this unit last Dec 08 and signed a 1 yr lease with the rent of 1575.00 per month. 1-2 mont… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
Hello Good Evening Iam living in Illinois, I currently rent
Hello Good Evening Iam living in Illinois, I currently rent A 2Bedrooms Apt. I did not pay April-May-09 rent beacuse my landlord did not fix the the water damage and mold in the Second Br. They claim … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I own a home in Thornton. Im in the military and rented to
I own a home in Thornton. I'm in the military and rented to a couple last June. I evicted the couple on Dec 1 for failure to pay rent. I didn't receive rent Nov, Dec or Jan. The home will be re-rented… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
Can an apartment complex charge me a late fee equal to 10% ...
Can an apartment complex charge me a late fee equal to 10% of my rent on a water bill if we do not have individual meters? I am in Virginia Beach, VA. I was charged $95.00 late fee on my water bills.… read more
sammy entre
sammy entre
consultant
Master Degree
22 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x