Signed a 22 month lease through a broker with a large apartment complex, but upon moving into apartment, discovered several problems, key among them:
1) Apartment smaller than broker represented (630 sq ft instead of ~900 sq ft)
2) Persistent smell of cigarette smoke in bathroom and bedrooms (from hallway fuse box)
3) Erratic or absent front door security, allowing unrestricted access to building
There were also a number of smaller issues in the apartment (broken intercom, missing bathtub drain handle, construction noise outside & concrete dust coming through windows)
We notified the management and brokers immediately upon moving in, technically 1 day before the least was dated to start, of these concerns and our desire to terminate the lease immediately. No initial response from management. We requested brokers to relist the apt and help find a subleaser to take over lease. After additional follow ups, the management said they were aware of the situation from the broker, but took no other action. None of the issues have been resolved. In response, we filed a 311 complaint for the smoke issue.
Initial DHCR inspector came while we were at work this week, so had to reschedule next day. When we called to reschedule, DHCR said someone had called earlier that day to cancel the inspection, and had given my apartment info and phone number, but it was not me. Only other party that would know about this is management. Called and rescheduled inspection. Also send management second letter outlining these unresolved issues, additional secondary issues, as well as noting apparent attempt to prevent an inspection. Stated we intended to terminate the lease and vacate the apt at end of month.
Are these legitimate grounds to claim that the warranty of habitability has not been met by the management company? If we break the lease and move out, would this be a reasonable action to a housing judge, given our various attempts to resolve the issue?
Thanks for any advice or feedback.