Legal Question in Landlord & Tenant Law in New York

My landlord wont return my phone calls and my water is usually cold. Also I have a leaky ceiling. How much will cost me to break a lease in Manhattan Ny


Asked on 8/22/09, 10:45 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Document your damages and write letters demanding service and send with a return receipt. If you landlord fails to respond within a reasonable time, you should be able to break your lease; however, get in-person advice from an attorney before breaking your lease.

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Answered on 8/28/09, 8:23 am
Michael Markowitz Michael A. Markowitz, PC

I agree with Locksley that you must document the issue. However, although you may take a picture of a leaky ceiling, how do you document no hot water?

I suggest the following: You must give notice to the landlord about the breach of warranty of habitability (no hot water, leaky ceiling). If you have a written lease, the lease sets forth how notice should be given. Usually, notice is given by certified mail. In the notice you must demand that these issues are fixed within a certain (reasonable) period of time. In the notice you must state that if the issues are not corrected, you will be forced to vacate the apartment to seek alternative suitable housing.

If the landlord still does not correct the problems (no hot water, leaky ceiling), then vacate the apartment.

Mike.

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Answered on 8/28/09, 8:49 am


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