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Re: Breaking a lease...

Posted by Mark Smith on March 01, 2000 at 10:35:05:

In Reply to: Breaking a lease... posted by Sathya Gosselin on February 28, 2000 at 15:24:50:

You can ask your landlord for his reasonable consent to sublet your apartment or assign your lease only if the building has four or more units [Real Property Law 226-b].

You should have had the improvements to be done by your landlord made a part of the written lease. Otherwise, the provisions of the written lease govern, although you still have rights under the warranty of habitability law. However, if the landlord had verbally agreed to install items such as an above-average refrigerator or stove, a mircowave oven, air conditioners, etc., you will probably be out of luck in getting them installed.

: Hi,

: I currently live on the parlor floor of a brownstone in Brooklyn with my girlfriend. It is not rent-controlled. In January we signed a six month lease for this two room apartment with a verbal agreement stating that unifinished work would be completed. The last six weeks have been awful, with hidden defects in the apartment surfacing every day. The noise in the apartment is ridiculous, with our landlord--who lives below us--shouting all the time while his three dogs run across the floor and bark. Hidden smells have emerged, ranging from cat feces that were painted over on the side of the floor molding to the bad meat smell coming up into our kitchen from his cooking downstairs. As it is a 100 year old building, our landlord simply bored large holes in the floors to make room for the heating and plumbing pipes. Underneath the thin layer of linoleum are holes that are not flush with the pipes. Last night, while I was sitting on my couch the kitchen window fell into the apartment and I had to prop it back up. This obviously raises a security concern and is only one of many similar issues.

: I have brought up some of these issues with my landlord who has become incredibly defensive and unhelpful. I want to break our lease and I am even willing to help him find a new tenant but I know that he will fly into a rage and hold our security deposit. I thought

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