Can I vacate my rental if my landlord has breached our lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I vacate my rental if my landlord has breached our lease?

I signed a lease where I requested an addendum to include the installation of a roof deck which was negotiated and cost $200 more than the advertised rent. When I moved in the deck wasn’t done and after requests from the landlord about what was going on, I realized that I was never going to get a roof deck merely a wall around the “roof deck” with no adequate flooring or anything. There were no permits filed for this and no effort to make it a roof deck. I notified the landlord of my intention to vacate the apartment due to her breach but now she’s saying I have no right.

Asked on January 26, 2012 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the roof deck was a material part of the lease and you would not have moved in if the roof deck was not going to be installed, then the breach is a material breach and you have a right to move out. This is not a habitability issue so the fact of the deck may not be a prevailing argument unless you are left still paying more for the lease than you woud have been paying without the deck.


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 with SHA-256 Encryption