Legal Question in Landlord & Tenant Law in New York

I am trying to get out of my lease without penalty. My landlord has repeatedly violated my rights to privacy and comes into my house to use my shower everyday. If we tell him he can't use the shower he starts to get angry and swear. This makes me feel unsafe because he has a history of aggravated assault. He also makes lewd sexual references to me and walks through my apartment in only his towel. Then after my family was away for the weekend my husband came home to wet shoe prints in my daughters room. He is coming into our apartment without approval from us. Can I break the lease without paying for him to find a new tenant?


Asked on 2/08/13, 6:29 am

1 Answer from Attorneys

Robert Rosenblatt Balsamo & Rosenblatt, P.C.

Absolutely. The landlord has invaded your right to privacy. He has also breached the right to quiet enjoyment under the terms of your lease. He has also trespassed into your apartment by using your shower without your permission.

In my vast experience as a landlord tenant lawyer, I have NEVER seen a Judge who would not release you under the terms of your lease based upon your landlord's improper actions.

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Answered on 2/09/13, 3:25 pm


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