Can I terminate lease agreement if my landlord has not yet completed the repairs?

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: 04/07/2025
• State: New York

Answer:

Yes. In New York unless the lease agreement contains anything to the contrary, there is an implied promise by the landlord to the tenant that possession will be delivered at the beginning of the lease period. If the landlord commits breach of this promise, the tenant can rescind the lease and take action to recover any consideration paid. These provisions are contained in N.Y. Real Prop. Law § 223-a which reads:

“In the absence of an express provision to the contrary, there shall be implied in every lease of real property a condition that the lessor will deliver possession at the beginning of the term. In the event of breach of such implied condition the lessee shall have the right to rescind the lease and to recover the consideration paid. Such right shall not be deemed inconsistent with any right of action he may have to recover damages.”