QUESTION

Is it possible to be released from a lease over a roach infestation?

Asked on May 23rd, 2016 on Landlord and Tenant Law - New York
More details to this question:
Our landlord is not fixing a roach infestation that has been going on long before we moved in. He is also not put locks on the front doors to the building and we have been having an issue with a homeless man entering the building at night and sometimes using the basement as a bathroom. We have been trying for months to get him to remedy the roach situation and he hasn't. We don't not feel safe living here anymore and would like out of our lease to just move on. They have known about the infestation for a long time, its coming from the woman's apartment below us, yet before we moved in we asked if the apartment has any problems and they told us there are no problems and everything is clean. Do we have legal grounds to break our lease and move out, as well as get our security deposit back? This is all we want at this point. The stress of this has begun having adverse affects on our health and we do not know where else to turn. Thank you
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1 ANSWER

Landlord and Tenant Law Attorney serving New York, NY
It is clearly your landlord's responsibility to ensure that you can live in your apartment without being subjected to any nuisance. It is also you7r landlord's responsibility to complete all required repairs, provide extermination and provide security and locks on all doors. You have a number of options open to you. Including the possibility of claiming constructive eviction and/or withholding rent.
Answered on May 25th, 2016 at 12:10 PM

This response is for general informational purposes only. An attorney-client relationship is not being formed.

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