Hi I signed & received the keys for an apartment in a NYC Condo multi-unit building. The apartment/condo is owned by the landlord as an investment and owns just that one in the building. The landlord promised to paint the apartment with paint I purchased but did not do the full job. There were many parts he did not paint and others he only used primer and not paint on top. Other spots he did a really lousy job where you see the previous paint job,
He also left the apartment very dirty with a broken window (does not stay open unless propped open) and a broken burner on the stove.
He also took and deposited into his personal account the security deposit 2 months before he gave me a lease.
Within 36 hours of receiving the keys I wrote the landlord that I was very disappointed in the condition of the apartment and did not consider it move-in-condition. That I was giving him the option of fixing the items himself or I would do it and deduct it from the rent. He did not agree with my requests and offered me to break the lease. I did not move in but brought in a few boxes.
He is going to try and rent the apartment to another person. I gave him verbal notice that I did not want the apartment and that I agreed to break the lease. He or someone on his behalf entered the apartment before I gave back the keys to show it to potential tenants.
He is holding onto my first months rent and 1 month security deposit and will deduct the unrented days from those amounts.
My questions are:
1) Did he break any law by entering the apartment before I gave him the keys?
2) Does the fact that he deposited the security deposit before we signed the lease and also into his personal bank account a basis for getting it back in full?
3) Did he fulfill his lease obligations when he gave me the apartment without doing agreed improvements?
Thank you in advance for your help,
Michael