Can I break my lease if my apartment is unfit to live in?

Full question:

I am living in a rented apartment in downtown New York. It is an old apartment built in 1950s. Due to the recent earthquake huge cracks have opened up on the walls and ceilings and floorboards have broken away in many places. I want to move out of the place but my landlord is insisting on me paying the rent for the rest of the lease period. Does the law require me to pay the whole rent if I break the lease?

Answer:

In New York, if your apartment becomes unfit for living due to circumstances beyond your control, you may have the right to break your lease. According to N.Y. Real Prop. Law § 227, if a building is damaged to the point of being untenantable, and this damage is not caused by you, you can vacate the premises without being liable for the remaining rent. This means you won’t have to pay rent after you surrender the apartment. Any rent you’ve paid in advance will be adjusted according to your move-out date.

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.

FAQs

The best structures to withstand an earthquake are those designed with seismic-resistant features. These include buildings with a strong foundation, flexible materials, and a symmetrical shape. Reinforced concrete and steel frames are commonly used, as they can absorb and dissipate seismic energy. Additionally, buildings should be anchored securely to prevent shifting during tremors.