ExpertLaw.com Forums

Requested Early Termination of Lease

Printable View

  • 09-26-2011, 01:09 PM
    wustl
    Requested Early Termination of Lease
    My question involves landlord-tenant law in the State of: New York, not in NYC

    We signed a year's lease 6 months ago through the landlord's broker. Upon moving into the apartment we found many issues including a spray painted bathtub & gas stove top, windows that did not lock, front door frame that was rotting away, a filthy bathroom, and various minor issues like missing blinds & screens, leaking plumbing and different color paint used for touch ups. We informed the broker and the building superintendent of the issues and neither provided adequate solutions. We requested the landlord's contact information several times and were refused by both. Not until we spoke with the fire department and explained to the broker we would write a letter to where our rent checks were sent was the dangerous stove replaced. No other repairs took place. The process of dealing with the borker and super was so frustrating we gave up and put up with the rest of the issues the past six months.

    now we've uncovered bedbugs in the molding and cracked plaster walls in the bedroom. We notified the super immediately and were finally given the landlord's contact information. He has had an exterminator treat the area once and is scheduled to return. I know he is fulfilling his obligation by addressing the issue and that it is very difficult to determine who is at fault for the bugs, but we have contacted the landlord by certified mail requesting to be released early from the lease without penalty in thrity days to no response.

    How long should i wait for a response? if he does not respond is that agreement or rejection of our termination request? I would rather not have this end in court and am planning to stay in the unit if he rejects our request, but do i have grounds to break the lease?
    We rent in NY and our landlord is in CT, which state laws are we subject to?
  • 09-27-2011, 07:45 AM
    LawResearcherMissy
    Re: Requested Early Termination of Lease
    You are subject to New York law, as that is where the property is located.

    Your landlord is not required to allow you to break your lease. If you leave, he can sue for damages, typically the rent remaining on the contract.

    Your other option is to sue him for a rent reduction.
  • 09-27-2011, 11:26 AM
    PandorasBox
    Re: Requested Early Termination of Lease
    My apartment had a clause for early termination. 2 months fee and a $150 administrative fee.

    As your does not....you need to have put in requests in writing for repairs.

    When we moved into our place, we photographed things like the missing screen, cracked floor, messed up door, etc. Along with documenting those issues on a move-in form.
  • 09-27-2011, 11:40 AM
    wustl
    Re: Requested Early Termination of Lease
    I really wish we had taken pictures, i only snapped a few with my phone to document the spray painting & filthy bathroom, but as neither was addressed and its been six months I deleted them. As for the move in form, let's just say this isn't a real professional operation ...

    I realize my landlord isn't obligated to let me break my lease and we do not have a handy termination clause, but is there a way to negotiate one now? I don't intend to just abondon the place, but what is the likelihood he will mutually agree to end the lease?
  • 09-27-2011, 12:30 PM
    LawResearcherMissy
    Re: Requested Early Termination of Lease
    Quote:

    I realize my landlord isn't obligated to let me break my lease and we do not have a handy termination clause, but is there a way to negotiate one now?
    There's no law that requires it. Ask your landlord. It's up to him.

    Quote:

    I don't intend to just abondon the place, but what is the likelihood he will mutually agree to end the lease?
    No one here is in possession of the crystal ball necessary to answer this. We don't know his mind any more than you do.
  • 09-27-2011, 02:03 PM
    Disagreeable
    Re: Requested Early Termination of Lease
    So you moved into an apartment you never inspected, lived there for six months and now, have issues with all the things that were okay before, correct? I suggest you focus on the bed bug issue and not compromise your integrity, when handling this with the landlord.
All times are GMT -7. The time now is 06:41 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved