How can I get out of my lease?

Question

I am a great tentant renting a studio apt in NYC for $1050 a month. Every since I moved into this apartment a few months ago with my newborn, there have been problems. Leaking sink, leaking ceiling, chipping paint, bugs. Yesterday, there we 3 inch long thick cockroaches jumping on me and my child. I have suffered many bug bites which have scarred my body.
I was lied to and misled into this apartment by a realtor who insisted that this building DID NOT have any bugs and everything was well maintained.

What are my rights? How can I get out of this apartment?

Answer 1

welcome to nyc

Answer 2

First of all, read the lease contract you signed. It should be spelled out CLEARLY, though in fine print, the terms and conditions, as well as the way out for both sides.

If you rented the place in great condition, the Landlord could argue that YOU did this to his/her place, and if you rented it in that condition, then it may be argued that the price of your rental reflects a discount due to the less than perfect conditions. However, unhealthy conditions that have not been addressed, may be grounds for an exit on your contract.

As for the chipping paint, that may or may not be an issue (was it there when you rented it? Did it chip as a result of your activity?). Lead based paint will be a real health issue and may be grounds for exiting your contract. If the paint chips test as being lead based paint - common in paint prior to the 80's, then your child's health could be in real danger as the possibility of a child getting a hold of, and eating the chips is a reality.

Also, instead of phoning or face to face talks with your Landlord to complain about your issues, write letters and keep copies on your files. Having a paper trail documenting your complaints that have not been addressed by the Landlord will be your BEST bet if you end up in small claims court. Include pictures of the vermin, your bites, the leaks etc.

Hope this helps.
Trudy Beerman, Realtor/Broker
Certified Property Managment Specialist
Tampa, FL

Answer 3

You cannot get out of your lease bc of bugs, welcome to nyc. there is a few options you have, now be reasonable.

1. contact management IN WRITING! as them to fix the spelled out problems by 1 weeks time. If they havent been fixed let them know u will pay to have them fixed and then deduct the cost of rent from your next monthly payment. (this is legal and allowed)
2. every building has an exterminator that comes once a week. notify your building of the problem have them come and spray, leave the apartment for the duration of the day so it can air out (usually exterminators use non toxic spray anyways)
3. the broker did not mislead you, they cannot be held responsible for everythign that goes wrong. it was porbably in pristine condition when you originally rented it
4. 1050 for a studio in nyc is not only an excellent rent price but its rare! so do not let some bugs get in the way of your fabulous deal
5. notify management in writing to get theproblems fixed, all nyc aPARTMENT NO MATTER HOW CLEAN HAVE BUGS bc of the humid heat .

Answer 4

Have you notified the landlord IN WRITING of the problems? If not, get your pen out and get writing! Until you have notified the LL in writing of the problems you are experiencing and given him adequate time to resolve the issues, you have NO right to break the lease.

If the LL still doesn't respond, be thankful that you live in NYC. There is a tenant's office at City Hall that can assist you so get in touch with them.

FYI, it's entirely possible that the realtor had no knowledge of the bug problem or the maintenance issues.

Answer 5

I suggest to you that you provided yourself a witness to this situation.In this case you should invite the Realtor as you have said home with you and proved to him/her that things are not according to agreement's right,and he must agree to give you a free option what do you prefer to do.
Whereas for me i would advised you refused to be mislead by him/her for a second time by telling you what to do, but you seek for another alternative as soon as possible.