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  1. #1

    Default Can I Break My Lease if My Washer and Phone Aren't Fixed

    My question involves a condominium located in the State of: NY

    I live in condo as a tenant (owner lives else where). Condo owner below my unit complained water leakage in the month I moved in. l notified landlord via text message. Problem is not fixed and she made another complaint recently with a possibility of lawsuit against me. At the time of complaint, there was no usage of water. Supervisor of the building came in for inspection but found no usage of water. This water leakage problem had occurred with previous tenant before I moved in (Condo owner below my unit said so and I confirmed with the previous tenant). It is landlord's responsibility for apartment fix on the lease.

    Is it possible for the person below me to file a law suit against me?

    Thanks for your time reading this and I appreciate any inputs.

  2. #2

    Default Can I Break My Lease if My Washer Isn't Fixed

    My question involves landlord-tenant law in the State of: NY

    I live in condo as a tenant (owner lives else where). Condo owner below my unit complained water leakage in the month I moved in. l notified landlord via text message. Problem is not fixed and she made another complaint recently with a possibility of lawsuit against me. At the time of complaint, there was no usage of water. Supervisor of the building came in for inspection but found no usage of water. This water leakage problem had occurred with previous tenant before I moved in (Condo owner below my unit said so and I confirmed with the previous tenant). It is landlord's responsibility for apartment fix on the lease.
    Is it possible for the person below me to file a law suit against me seeking property damage from me?

    Also in the month I moved in, I requested repairs of washing machine, inter-phone and broken window. The landlord promised to fix window two times. He did not show up both of times. I thought it was a minor problem so I told him I am ok with the current window. However, I did not withdraw the repair request of washing machine and inter-phone. I am entitled to use of those under the lease. I requested repair in July. It has been 4 months since but none of them are fixed.
    Can these be a ground for breaking lease?

    Thanks for your time reading this and I appreciate any inputs.

  3. #3
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Early Termination of Lease Based on Repair Not Being Done

    " However, I did not withdraw the repair request of washing machine and inter-phone. I am entitled to use of those under the lease. I requested repair in July. It has been 4 months since but none of them are fixed.
    Can these be a ground for breaking lease?"

    Nope

    Gail

  4. #4
    Join Date
    Jun 2010
    Posts
    179

    Default Re: Water Leakage, is Tenant Accounted for

    Usually the owner is responsible. But I have seen some leases that say that tenant is responsible for maintenance; or for maintenance up to a certain dollar amount. What does your lease say about who is responsible?

    Anyone can go to court and file a lawsuit against anyone else. I can find you and file a lawsuit against you for posting on this board :-). But when you show up in court, the judge can very well tell them that they are suing the wrong person and throw out the case.... It sounds a bit of a horror story to me that you'd have to actually pay for damage that occurred prior to you moving in so I would not be too worried about this if I were you. But do check what your lease says.

  5. #5
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Water Leakage, is Tenant Accounted for

    send your landlord a certified letter about the leak, also keep records of the text messages if possible get a copy from your provider of the messages themselves, if you cannot do that take screen shots of your phone and a copy of your bill with the dates/times you texted your landlord, along with copies of the certified letter.

    this way if the landlord tries to blame you and say you never notified him, you have proof you did

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