Asked on Sep 16th, 2011 on Business Law - New York
More details to this question:
I own a salon in brooklyn.We barely had hot water all winter,we had a leak in the spring that caused a mushroom like mold to grow on the walls and cieling.The landlord ignored my complaints and the state even gave him a summons to appear in court.He never showed up.Then I got a letter stating the 1st of the month i will have to send rent to another person the same week rent was due.Stating they were not liable if i already sent the rent to the previous owners.The neighborhood is so bad i an afraid for my safety.Residents tell me they are afraid to even pass the lobby to go into their own homes.they avoid the block bc the building next door that the landlord owned has a bunch of hoodlums in front.They are robbing people at night and have been watching the salon.Im at my wits end.
Do not pay rent, and be prepared to be sued for eviction. If you are looking to get out of your lease, call a lawyer for help. There is not much you can do but refuse to pay rent.
As a general matter, a tenant has the right to terminate its lease if the premises become "untenantable," which essentially means that they are not fit for human use. If you have no working utilities and mold, that may justify breaking your lease. Your landlord, of course, is not responsible for the quality of the neighborhood in which the property is located -- that's something you knew about when you signed the lease.
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