Mice or owner

[d]

I need some advice and help. We recently moved to Bronx and signed a lease for 2 yrs ($2800/per month for 1st year and 2900/month for 2nd year) to live in RIVERDALE. We were first pressured by the broker that if we don't get the lease sign that day, someone is ready to sign. We were also never told that though the building is new, but has been infested with mice. Over the first 21 days, we saw 3 mice and 7 areas of droppings.

We asked residents and 12 confirmed that the problem has been here I collected their signatures). We talked to Super who confirmed chronic condition in the building. We contacted landlord who initially blamed us for making up a story (hello), but then they are saying that they never knew or heard about it. They sent exterminator so far twice but the problem remained persisting evidenced by mice and droppings. The exterminator and few neighbors told about similar experience.

After a lot of email fight, the owner agreed to break the lease. Then 2 days before the end of Sep 2010, he told me that he want me out as he has showing on Oct 2nd and he wants the apt to be ready on Oct 1. Despite my request to allow us a week, we moved on Sep 29 as per his request with the GOOD FAITH that both parties have agreed and in every email I mentioned refunding the security of $2800. Now today, he is refusing pay and threatening to go to lawyer. He is full of lies and not sure was it better to fight with mice or with the owner. Help me here and also figure out how to stop this happening in NYC or anywhere else.

[TenantNet]

Please read the forum rules and DO NOT put personal information in your posts. (we took it out)

[Sky]

1)Pick up phone
2)Dial 311 (free call)
3)Tell operator you wish to make two complaints to two different NYC agencies
4)HPD: Vermin infestation and droppings in your apartment and in entire building.
5)DOH: (Dept. of Health and Mental Hygiene) Vermin infestation and droppings in your apartment and in entire building.
6) Be certain to get the 311 operators name, their ID number, and the numbers of the two complaints.
7)You may wish to notify the owner that you are a good citizen and have reported the building's threat to the occupant's health.


You may be inspired to play hardball. If the building has conditions that allow the harboring of vermin, there's likely plenty of other serious issues there as well: recall them and identify them. Call 311 to lodge more complaints to HPD, DOB, and DOH based on such defects. You may wish to inform the owner that it seems you are bound to his building in some manner until you receive your Security Deposit. Let him know you are a good citizen and are reporting the building's defects and violations to the appropriate NYC/NYS agencies and will continue to do so until they are remedied according to NYC/NYS code. Soon the $2,800 of money he stole from you will seem a small price to repay to avoid thousands of dollars in fines, headaches, repairs, and administrative expenses.
And/or file a small claims case.