Liberty, NY asked in Landlord - Tenant for New York

Q: can i break my lease for unresolved cockroach and bed bug infestation?

Yes a tenant in the same building over a year ago had a very bad infestation. Management did not act quickly but said the tenant would not allow access. The policy here is to spray each apartment once a month. Consequently many of the apartment s are overrun with roaches. Because of Managements slow move to action and reluctance to take serious control by having each and every apartment sprayed the problem escalatedI I was told by a friend of the tenant that the roaches were running up the walls over a year ago and were now coming into his adjacent apartment.

Related Topics:
1 Lawyer Answer
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: What happened last year isn't particularly relevant to your current question. If the apartment is rendered uninhabitable because of conditions such as needed repairs or infestation, this can be considered a breach of the warranty of habitability leading to the constructive eviction of a tenant. However, you must usually give the landlord proper notice and an opportunity to address the situation. Whether the condition constitutes a breach of the warranty of habitability is fact intensive determination and can be answered definitely on a board like this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.