New York, NY asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York

Q: Our landlord lied about the building's bed bug history in our signed lease - we found out too late. Can we do anything?

We found a bed bug in my roommate's room at the start of February. We had our second extermination treatment this week and since the initial siting, found out from our neighbor that she had bugs over the summer ('16) as did several other units in the building. When given the legally required signed disclosure of the building's bed bug history in August '16 (when we signed the lease), it claimed there had been no activity in our unit or in the building during the last year - which we now know is false after talking with neighbors. Additionally, the lease states the landlord would perform pest control in all apartments and common areas once a month - they have not done this once, the exterminator they sent after we found the bed bug was the first time. The infestation isn't horrendous (yet) and they sent exterminators, so we can't claim warranty of habitability as far as I understand. Can we do anything about this legally?

1 Lawyer Answer

A: You can use it to break your lease. If you want to stay, there is really no remedy as long as the exterminator comes.

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