If there is a level 3 sex offender living at my apartmentbut my landlord never told me, canI get out of my lease?

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If there is a level 3 sex offender living at my apartmentbut my landlord never told me, canI get out of my lease?

Asked on January 16, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A landlord is under no duty to divulge whether sex offenders rent from them. If the landlord was simply silent on the matter--didn't say anything--you would therefore have no grounds or basis for getting out of the lease, since the landlord will have done nothing wrong, and as a general matter, you may only terminate your lease without penalty if the landlord has done something signficant wrong.

If the landlord made an affirmative representation, or statement, that there were no sex offenders living in the building  when he knew otherwise, that could allow you to terminate the lease; while a landlord is under no obligation to say anything about sex offenders, he is not allowed to actively lie.


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