Full question:
I entered into a lease agreement for an apartment in Brooklyn, New York. According to the lease agreement the landlord was to hand over possession of the apartment to me by the first of this month. However, it is already 15th, and he has not yet completed the repairs that he has promised to do and is asking time till the beginning of next month to complete repairs and hand over possession of the apartment. Now I have lost trust in him and would like to come out of the lease agreement. Does the law permit me to do so?
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: New York
Answer:
Yes. In New York, there is an implied promise that the landlord will deliver possession of the apartment at the beginning of the lease term, unless the lease states otherwise. If the landlord fails to fulfill this promise, you have the right to rescind the lease and recover any payments made. This is outlined in N.Y. Real Prop. Law § 223-a, which states that in the absence of an express provision to the contrary, every lease includes a condition that the landlord will deliver possession at the start of the lease. If this condition is breached, the tenant can rescind the lease and recover any consideration paid. This right does not affect any additional claims for damages that you may have.
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.