Posted by TenantNet on January 16, 1999 at 03:00:25:
In Reply to: grounds to break lease posted by rita on January 10, 1999 at 15:28:12:
In NY the warranty of habitability is statutory in the Real Property Law
and needs not be in the lease. This can be grounds for breaking a lease.
However I'm not so sure what you describe make the house uninhabitable.
That there was a problem, it appears the LL to steps to fix and you and
the LL can have an electrical inspection. Your fears may be real and yes,
things do happen. If you decide to move, you might forfeit the deposit
and the LL may try to come after the remaining rent, but make sure the LL
tries to rerent the place; otherwise she has no damages.
: My roommate and I live on the 2nd floor of a house upstate NY. A couple months
: ago we found out that the entire wiring of our apartment was fed by only
: one circuit. We decided to move out because we don't know the condition of the
: wiring on the rest of the house. The landlord repaired the problem in our unit,
: but our fear of fire remains. He sustains that this situation is common in
: this area, and that it doesn't pose a major fire hazard because the fuse will
: blow in case of a surge. I told him that this argument is not correct because
: a wrong size fuse could be placed in the fuse box and the entire house would
: burn down before the fuse melted.
: Her lease states that in case of her breaking the lease, she's still responsible
: for the rent for the remaining of the lease (she already payed the rent for Feb).
: On my lease I have added a clause that specifies that I can only accept this
: clause in case the place is habitable and there are no major problems (I
: started living here in Aug/97 with a 2 year lease; she started her lease in
: May/98 for 1 year). And this is a major problem. We are both students, and
: can't afford paying rent in 2 places.
: Can we get out of this lease without a lot of headaches? Also, can she get
: her Feb rent back under these conditions?
: Thank you very much!
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