QUESTION

Can we get out of lease due to environmental hazzards before we even take possesion?

Asked on Jan 20th, 2013 on Real Estate - New York
More details to this question:
We signed a commercial lease earlier this month, which lease period and rent does not commence until March. We have been allowed a key to do measurements and such while the landlord does agreed upon work. Space was apparently freshly painted in December, and when we saw the place we had questioned an odor, and was told multiple times that it was fresh paint. THe odor is not disipating, after doing some research, the adjoining tenant sells floor chemicals, and we have good reason to believe the foul smells are not paint, but chemicals eminating from the adjoining space. What should we do? We have given them a security and 1st month rent, but we have not done anything with the space, as they are still working on it. THey are our current landlords at our current space.
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1 ANSWER

Real Estate Law Attorney serving White Plains, NY
3 Awards
Once you obtain an opinion from an environmental expert as to the existence of environmental hazzard(s), you may be able to cancel the lease and obtain a refund of your payments, assuming the lease states usual provisions.
Answered on Jan 21st, 2013 at 4:45 PM

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