Full question:
These questions are for my son who lives in New York. I am unable to live in my apartment because the sewer backed up and the landlord must clean and replace all the flooring. I've been out since March 23 and won't be back in for another week or more (April 2nd). I was required to remove my belongings so that the contractors could do their work. The landlord is demanding his rent for April, but I don't trust him. He is also using my electricity to remodel the place. Must I pay him? Can I move out now even though the lease ends in August? Must he return my security deposit?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Pennsylvania
Answer:
A tenant can surrender their apartment if it becomes uninhabitable due to issues not caused by them, provided there is no written agreement stating otherwise. In such cases, no rent is owed after the surrender date. The return of a security deposit is governed by the lease terms, but a landlord can deduct for unpaid rent or damages beyond normal wear and tear.
New York law implies a warranty of habitability, requiring landlords to maintain safe and sanitary housing. If a landlord fails to address issues that make a rental unit uninhabitable, this can lead to constructive eviction, allowing tenants to withhold rent, make repairs and deduct costs, or terminate the lease. Factors affecting habitability include safety violations, the severity of defects, and how long the issues have persisted. Tenants must typically notify the landlord of problems and give them a chance to fix them.
Refer to NY statute § 227, which states that if a leased building becomes untenantable, the tenant may surrender the lease without owing rent after the surrender date, as long as the tenant is not at fault.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.