How can I get out of my apartment lease? If I go to court, do I have a strong case?

Question

Beginning: 
I picked the apartment in the middle of june, the landlord said it would be ready on August 1st. We moved in Aug. 3rd, with a lot of work needing to still be done. He said it would only be two more weeks, and that it is live-able  because we have a working bathroom, although it was not completed. 

Middle: Over the course of 3 months (We've been living there), he has been in and out of our apartment a number of times.. he would come to work on things for a few days, and disappear for a week or two, and come back when he's ready. Also, we asked that he comes in the day time so he's not to disturb us after work, he comes usually while we are there, after 8pm, and doesnt leave till we are trying to go to sleep. 

He is always asking for me, and refuses to discuss problems with my roommate, she has a temper, but he started before she lost it. He only comes to work on the apartment if I'm there... which ive been trying to stay somewhere else, because he's there.... and he will even come late if there was work to be done, in my room. 

He does everything himself to avoid paying more. He finds cheap (time consuming) ways to work on the apartment. He will hire people to work for the day. And sometimes creates more work for himself to do later (most of the time through using the wrong paint, causing bubbles, or when he installed my ceiling fan, he drilled holes to look for the beam, instead of using a beamfinder...things like that). Another reason I want to move, is that I live in a crappy, "Crackhead-filled" neighborhood. It isnt safe. I dont like to leave after I get home from work. 

Now:

I should mention that my roommate and I are two 20 year old females, and he does have wondering eyes.. So I see that he would want to pro-long his work. It is getting ridiculous, we waited a month and two weeks to move in, and then, it's been 3 months now we've lived there, and we still need smoke detectors and a carbon monoxide detector. He needs to put door moulding on my closet and a new front door and windows which he has already purchased. There are other things he's promised, and not provided, A micro-wave to go with our stove, bathroom cabinet knobs, the doors dont open without them.. New ceiling fans and light fixures, in my roommates room, and living room and kitchen. New Toilet... His excuse is (HE HAS MANY) He relies on the other tenents rent to pay for things for the apartment, (and at one point for oil, for our heat), and when they dont, we get screwed. That sould NEVER be an issue. 

It is starting to get cold now, (I live in Brooklyn NY, by the beach, coney island), and it isnt even winter. Our heat has been a problem the whole time. He turns it on for only a half hour or so, and then it shuts off. My roommate has Lupus, and she gets cold and sick easily, she can do what she can to keep warm but sometimes it isnt enough. He came one day, because we told him to patch up tiny cracks and holes in our walls that the wind from outside has come in. It is a 120 year old building. He always says that he isnt, "One of those landlords who dont care". And tells us that if we are still cold, we can turn on our stove (which is dangerous, for us, and we have two small active dogs, and did I mention, WE PAY THE GAS.) 


Another issue, We have Mold in our bathroom, (Which he worked on when we were moving in, so he should know that it was there, and chose to stay quiet, and collect) 

I know that he would want to go to court, please be aware of what he might say,
* My roommate was late with her half of rent twice but only by a week
* My roommate's boyfriend has been staying there, the whole time. (Mostly because he doesnt feel comfortable leaving us with him always in the house.) And he has threatened to raise the rent, because of the boyfriends presence.
* He spent time building me a bigger closet, but still had plenty of time to work on other things in the apartment after, and before we became upset. 
* He may say that we told him, "no it's okay, take your time, we want it done right"... But we didnt mean 4 months, for something that should only take 2 weeks. And a few times we turned him away, because it was too late and we had work in the morning.. Or we just got tired of seeing him in our apt. 

So this is the most I can think of... What do you think? We only want to break the lease and get the F#%K out!! 


If it helps, I live in New York City... those laws would apply.

scrappy · Accepted Answer

By law, building owners must provide all tenants with the following levels of heat (During the heating season, October 1 through May 31): 

Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees; 
Between 10 p.m. and 6 a.m., heat must register at least 55 degrees Fahrenheit when the outside temperature falls below 40 degrees. 
Tenants in New York City with heat and/or hot water complaints via the City's Citizen Service Center by dialing 311 and ask for the NYC Central Complaint Bureau's Hot Line.

In addition, rent stabilized and rent controlled tenants can file a complaint with the New York State Division of Housing and Community Renewal (718-739-6400) if the landlord is violating the above rules. For more details, see the relevant fact sheet on our web site. 

If you find that the landlord IS in fact meeting the heating standards but it still feels cold to you, you might talk with the landlord about repairing windows or other openings that are allowing drafts to enter the apartment. Sometimes some caulking, tape or insulation around windows will provide tremendous heat saving benefits. 

 
New York City Housing Maintenance Code requires landlords to provide and install smoke detecting devices in each apartment unit. Renters are responsible for maintenance and repair of the smoke detector(s) (i.e.; installing batteries, etc..). If the smoke detector is battery operated, the owner may charge the tenant up to $10 per smoke detector. For more information, see the Attorney General's guide on smoke detectors.

Landlords are also required to provide and install at least one approved carbon monoxide alarm within each dwelling unit. The landlord may charge the tenant $25 per carbon monoxide alarm. More details can be found on the NYC HPD website. 

For more, visit this website: http://www.housingnyc.com/html/resources/faq/quality.html#dreading

Also, now make sure your landlord knows that you KNOW the laws. Tell him if he doesn't comply with the laws, you will report him. So, if he wishes not to comply and he wants to avoid the hassle you are going to cause him, tell him he can let you guys out of your lease without penalty (and be specific here, with 30 days notice to find a new place, full refund of your deposit, etc. and GET the agreement in writing).  So, basically, learn the laws, threaten him, give him choice to be compliant or to terminate the lease for you.

Ro-bot · Answer

I'm assuming that none of the repair work was listed in any sort of written agreement before you moved in? Lesson for the future, always get this kind of stuff in writing, with a "finish by" date.
For now, write a letter to him listing the work that needs to be finished, and ask for a written contract on when the on when the work will be done. Also put in writing what hours he can come in to do the work, and make him stick to it. He should also always give you one day's notice as to when he is coming in to do the work, that is a pretty standard landlord rule.
Late rent and a permanent "visitor" do not negate his responsibilities to provide you with heat and smoke detectors. Those two items alone give you some legal footing. If he wants to raise the rent because of the boyfriend, he will have to draw up a new lease, which gives you an option to force him to fix everything before you sign it, or to move out. You may lose your deposit if you break your lease, but it may well be worth it.
Look up the landlord-tenant laws for NY, it should stipulate your rights and what you can do to either break your lease or force the landlord to finish.

Good Luck.

Amanda I · Answer

The nonworking smoke detectors and carbon monoxide detectors are enough of housing violation. 

Carefully read your lease and if he is not complying with the terms of your lease then you have a very easy case.  Also contact the housing board, or the building code enforcement/ inspector in NYC.

He is also required to provide adequet heat. The other tentants not paying their rent isn't your problem, and he shouldn't be making it into you problem.

And here is a wonderful link with the codes for you. Print it out, highlight things. Show it to your landlord.
http://www.tenant.net/Other_Laws/HMC/hmctoc.html

Click on the blue headings to access the links to various sections of the code.

chanel4201 · Answer

The nonworking smoke detectors and carbon monoxide detectors are enough of housing violation. 

Carefully read your lease and if he is not complying with the terms of your lease then you have a very easy case. Also contact the housing board, or the building code enforcement/ inspector in NYC.

He is also required to provide adequet heat. The other tentants not paying their rent isn't your problem, and he shouldn't be making it into you problem.

Don · Answer

At 20 years old, you girls most likely don't have a pot to p**s in.  This lease is basically unenforceable, and this guy doesn't sound like he has it together enough to try to sue and collect from you, anyway.  

I say move anyway, as soon as you feel like it.  Just leave in the middle of the night if you want.   If he tries to harass you in court, tell the judge about the mold, and how he dragged out the repairs at night.  I don't think you have anything to worry about.  The world is mostly based on good bluffs.  This is a time for you to be strong.  Go for it.

Veritas · Answer

Tell him he has x amount of time to finish the apartment or you are going to move. Also, tell him you are going to consult a lawyer. He may break the lease without any problems. Also, he is coming after work while your there because he wants to oogle you.

~ Floridian`` · Answer

OMG...better call a lawyer!

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How can I get out of my apartment lease? If I go to court, do I have a strong case?

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