As a month-to-month renter, do I still need to give my landlord 30 days notice if he has failed to eradicate a bedbug problem?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

As a month-to-month renter, do I still need to give my landlord 30 days notice if he has failed to eradicate a bedbug problem?

There has been repeated verbal and written notices for the past 2 months. The apartment is now uninhabitable. He has been hit with a Class B violation from HPD.

Asked on September 6, 2012 under Real Estate Law, New York

Answers:

Mark Siegel / Law Office of Mark A. Siegel

Answered 11 years ago | Contributor

A Class "B" violation under the NYC Housing Maintenance Code is a hazardous violation & the landlord is required correct it within 30 days, by filing a certification of correction. If the landlord fails to correct the violation within the required time, the landlord is subject to the imposition of fines by HPD.

You also have the right to commence an "HP" action in NYC Housing Court (in the county where you reside) in order to seek a judicial Order to Correct. If there's a finding that there is a code violation, or that the landlord has failed to comply with an Order to Correct, the judge has the power to fine or in some cases, may find the landlord in contempt & issue an appropriate order.

If your apartment is rendered uninhabitable because of a code violation or condition, then this may constitute a constructive eviction. When a tenant abandons the apartment as a result of the code violation or condition, if the court finds that the code violation or condition constructively evicted the tenant, the tenant may have a claim against the landlord. The infestation of bugs in an apartment building, where it is not caused by the tenant, & which cannot be corrected by the tenant, constitutes a constructive eviction.

If you choose to abandon the apartment because of a bedbug infestation, you should send a written notice to your landlord that a Class "B" hazardous violation was issued by HPD for bedbugs (enclose a copy of the violation), that it constitutes a constructive eviction & as a result you are forced to abandon the apartment & surrender the keys. I would send this notice to the landlord together with the keys, by USPS certified mail, return receipt requested, & send a 2nd copy of the letter by regular mail with a "certificate of mailing".

I suggest you consult with an attorney who practices in this area of law to determine what specific rights and claims you may have against the landlord under the particular facts in your case. I hope you find this information useful. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption