Breaking a Lease

[ellebelle]

I know there are people on this board with a little lawyer expertise. Here is my question:

How do I go about breaking my lease on a building that is falling apart around my ears and still getting the security deposit back?

Our lock has been broken for over a year - we only have one out of three functional locks, and even that isn't particularly functional. Our doors used to fall off the hinges - they finally replaced a hinge, but now it doesn't fit well into the frame rendering the last lock almost un-useable (the super "fixed" it by inserting pennies under one side of the lock). We have a terrible roach problem and the building owners won't clean up the basement so the exterminator can't properly eradicate them. Our shower has been broken for almost six months - scalding water spurts onto us. I have taken things into my own hands (since the super won't come and fix them) and have siliconed parts of it in using my aquarium silicone shhh. Finally, and most annoyingly, there is something wrong with our fuses so if we use: the microwave
a hairdryer
a vaccuum cleaner
we blow the fuse. We have no access to the fuse box so we have to call the super to come and fix things. This has taken as long as 24hours over the 4th of July weekend when I made the fatal mistake of trying to rewarm my leftovers. That was the last time we ever used the microwave. Hairdrying has to take place outside of the bathroom. This has been a problem since July 2006... still haven't fixed it.

Our building constantly has citation for trash that go to the owners. The front door doesn't really lock properly, so anyone can come in. The floor boards are rotting through in one corner.

All of the cosmetic stuff I don't really care about. But the fact that the super has not responded to specific calls that I feel are basic tenants rights is ridiculous. I have called the housing line, but the only thing they did for me was forward me a copy of the tenants bill of rights.

What else can I do?

 

[House of Laughter]

I'd call "shame on you"!

Or hold the rent back - let him evict you - but forst send a certified return receipt letter or signature required for outstanding issues - or call the board of health and let them into you apt and site violations.

Good luck - it sucks.

House

 

[Timbo]

I am with Jim on not paying rent and let them try to evict you. If anyone on this site is a lawyer or knows someone that would be willing to help, I think that ellebelle would greatly appreciate some it.

 

[duke62]

no dont do that.finding a new apartment will be hell.after they get the news you held back rent noone will rent to u

 

[ellebelle]

I know the first step it to establish a paper trail in some way, so there is a written record of my complaints. I'm just not entirely sure who I should be writing to complain to.

I think duke is right - just holding back the rent is not going to solve the problem and might create more problems.

 

[Chiefmcfuz]

Landlord tenant court. Call 311 for their number.

 

[crox99]

How many more months are left on the original lease? I believe that if the building isn't safe you can get out of the lease but you will loose your security deposit.

 

[KathyC]

Doesn't the tenants bill of rights tell you what you are entitled to do and how it affects your security deposit.
Does your actual lease list who you are leasing from? I would think in this age of the internet that it wouldn't be that hard to find out who owns the building. I'd send them a letter listing all of the complaints and what has/has not been done about them, cc the super and send the letters to both via certified & registered mails to begin your paper trail.

Since you are asking about getting your security deposit back..do you have another place to move to lined up?

 

[Wes]

how much is your deposit? I broke a lease back when i was in college because of a rat infestation the landlord did nothing about...

My deposit was one months rent so I basically told the guy at the beginning of the month

"I am moving out at the end of the month and you can keep my security deposit for this months rent."

He said, "You can't do that, you have a lease."

I replied "According to landlord tennant law blah blah blah I have a right to break the lease with no penalty. So if you want to waste your time and money by taking me to court I'll see you then." That was it, never gave me any problems after that.

I would hold back rent untill you use up your deposit then move out. Have some sort of documentation and pictures to CYA if he tries to take you to court. My bet is he knows he doesn't have a leg to stand on and won't bother you.

 

[meschaefer]

You got PM

 

[Zoous]

I would take pics of the problems. As well as keep track of the people you contacted to help resolve the problems. Including when and who you spoke to and how long it takes to have these problems fixed or not. If the super is not helping you or doing a shoddy job complain to the management company and if nothing happens complain to the owners. If nothing happens then file a report with the dept of buildings. More documentation you have the better.

 

[fritz]

You can't hold back rent if the apartment is "unlivable", you have to mitigate your damages, IE if it were truly unlivable you would want to move not live their rent free. This is the first thing that will come up in court should you get there.

I'd call 311 then tell the landlord that you'll be moving on X day from now, x= the amount of your security deposit and then tell him a variation of Wes's advice.

 

[nycmat]

elle--

here is my advice here. yes you are right in starting a paper trail. to start the papaer trail you have to send everything certifiied. 1st i would find out hwo owns the place and then send a copy of the complaints along with a complaint to the owner about the supers work. advise them that if he does not comply with the neccessary work that you will start to put the rent into an escrow account. after a reasonable amount of time you then file in landlord tennant court. i would also take pictures and videos after everything. foward them to the owner. this would be the correct way for a paper trail. i would let the fuse blow out everytime. i would also contact con ed to advise them that the electricity is not working everytime a fuse blows and that creates a record of the fact as well. it shows something about theere wires. if they come there it also screws up the super because he has to work. its a small annoyance , but whaat do you owe the,m? nothing. you make it hard for them then oh well. i would also hire a electrician to inspect it. if its done incorrectly then they are responsible but you have to have something to show. if all that fails have a friend who a lawyer give them a call about it.

 

[Melt]

don't hold back the rent...if you do have them in bank check...send the landlord letter with the problem and if he don't get on them after the second try..you can call in the city or take it to court. The court first question will be you owe back rent and if you say yes..they will think that you only complainting because you don't to pay the rent..

 

[grisha]

anytime you take a landlord to court it will show on your credit report and that is what your next landlord gonna check first ...you will have a hard time getting a new place

 

[Missy Johnson]

Not sure if I'm too late on this one, but recovering your security deposit (if it's under 5k) in small claims court is simple and pretty much a slam dunk. If you need help doing it, let me know. I filed a claim against a former landlord there and had a check for the full refunded deposit in my hand in less than a week. If they are a big company it isn't worth their time to appear for the trial.