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.

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
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.

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