No lease, guarantor valid? Can I leave easily?

[mikes]

Hi Folks,
I have a bit of an odd situation that I'm hoping you'll have some advice for me on.

Here're the facts:

* I have a roommate, only he has signed the lease even though we're both on it. I was meant to sign it, but never got around to it and the landlord seems to have forgotten.

* My dad is the guarantor on the lease, all theee of us have signed the guarantor form.

* The apartment was advertised as two-bedroom, however my bedroom doesn't have a window, I hear this makes it not a bedroom.

* The landlord hasn't completed most of the terms on the rider agreement.

* I've had pretty bad allergic reactions to my room whenever I'm in it, so I'm staying elsewhere now.

About a month or so ago, the ceiling in my apartment leaked all over my computer equipment, however none of it was really damaged, except my desk.

Since none of my equipment was damaged, I don't really care about seeking compensation.

I sent my landlord an email with pictures right after I discovered the leak. He said he'd look at it. I was away on a trip when he came and looked. It's not leaking anymore, however the landlord hasn't made any repairs.

My roommate would like to leave too, since there's been problems with heat in the apartment too.


Basically, I think my apartment sucks, is there any way I can leave this situation without completely screwing over either my dad, the guarantor, or my roommate?

Thanks!

[lofter1]

It sounds like there might have been an illegal wall erected to create the 2nd "bedroom."

If such an illegal set up were reported to DOB or the local Fire House then there is a good chance that the LL would receive a violation. If the set up is illegal then it would seem that the Apartment was contracted to the Tenant(s) under false pretenses and could open the LL to various liabilities.

On the other hand if a Tenant no longer lived there, whether because the lease was cancelled or because it was never fully executed and thereby not in effect, then the Tenant might have little to no concern about the LL's illegal, non-compliant and falsely-advertised apartment and thereby have no need to report said illegal residence to the authorities.