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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Want to Break Lease - No Heat Provided

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

    We are a married couple living as tenants in a condominium building in White Plains, NY. Our apartment has 2 cooling/heating units - one ithe living room and the other in the bedroom. The unit in the bedroom does not work. We started requesting our landlord to fix it once winter set in (early October). She kept promising that she will either replace it or get it fixed. In the meanwhile, she provided us with a small portable heating unit. By November end, we started calling her up more regularly to check on the problem and she stopped taking our calls. Out of frustration, we delayed the rent by 9 days in December (but paid). After this, her boyfriend took over from her and started threatening us (in emails) that they will not tolerate any such delays in future and that we have to pay late fee etc. We categorically told her that we will be dealing only with her since she signed the lease. After that, we started emailing her documenting the problem at every step. Till Jan 1st week, she did not respond to our single email or phone call. Finally, we got in touch with the local Building Department and filed a complaint. They came over for an inspection and found the temperature to be less than 68F (it was 67.4F) (state law) and they issued a violation notice. After recieving the violation notice, she responded for the first time threatening us with eviction saying that we have broken the lease in the past. The enforcement officer came for a second eviction anf the temperature was found to be 66.4F this time. We have been adviced the following:
    1) Go the local HUD office and seek their help with rent reduction.
    2) Go to the local claims court and seek help with declaring the lease null and void

    We are not interested in rent reduction. We simply want to leave our current apartment as soon as possible. My question is whether we can break the lease without being liable for the remaining lease term? Our rent is $1950 and we are liable to pay either the full rent (if they don't find another tenant) or the difference in rent (if they find a tenant at a lower rent). We are also concerned about our deposit which is 1.5 times our monthly rent.

    We have enough proofs to prove our case:
    1. Violation notice by the Buildings Department
    2. State issued directives by the Department of Emergency Services that portable heating units are a hazard and should not be used when everyone is sleeping in the house (which means we cannot use it when we need it the most). they have been making big claims regarding this.
    3. Our emails from the last 2 months requesting them to correct the problem.
    4. Certified mails sent to her stating the problem

    Can someone please help. Thank you.

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Want to Break Lease - No Heat Provided

    When does your current lease expire?

    In your lease does it say that the "tenant is responsible for repairs to the HVAC , plumbing" etc??? or is the landlord?

    If your lease states that the landlord is responsible (usually the tenant is responsible) then you have the right to fix the unit and forward the invoice to your landlord for payment.

    Never deduct anything from your rent payments. You would need to sue in small claims court if the LANDLORD is responsible for the repairs.

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Want to Break Lease - No Heat Provided

    Our lease expires on June 30th 2009. The lease clearly states that the landlord is responsible for the maintainence. However, if something was caused to the negligence of the tenant, then we are responsible. Now they have started saying that we are responsible for all repair and that we did something to the unit. They made the same claim to the Building Department enforcement officer but he refused to believe them esp after they provided a copy of the lease and he read it. According to the Building's Department, the landlord is responsible for the repair.

    What would you advise at this stage? Move out and file for a case in claims court? File a case first and then move out? Not pay rent for the next month and move out? Get an attorney to fight for us?

    Confused and Frustraed.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Want to Break Lease - No Heat Provided

    Your rights are briefly summarized in this guide (PDF), at pages 18-19. Another more focused guide to repairs can be found here.

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