Q: Management has not fixed water damage issue for past 4 years. I plan to leave without paying rent.
4 years of water damage in the bedroom, living room, and kitchen. They claim to fix it come and repaint for it to happen again the next time it rains. I was dealing with ants, mold, little bugs. In the bedroom, the corner ceiling is detached leading to inside the wall and the opening runs from wall to corner to wall. It was left for 8 months getting bad, contacting them is a task itself. I have pictures and videos of the severity of the damage. My toddler dealt with paint chipping due to the water damage. Inspector came and told us of high lead levels. I called 311 and they didn’t help. Can I leave without paying rent or what will the consequences be?
A:
Dear Brooklyn Tenant:
Moving out does not prevent the landlord from suing for unpaid rent, just as any ordinary creditor could sue, but the lawsuit is in the regular Civil Court, not the Housing Court, where tenants have all sorts of rights, including the right to an assigned attorney. Make sure, before you move out, if you do, that all of the defective conditions are recorded as violations, that you have photos of all the defects, and that you have the report of lead paint violation with a child under age six. You need both a pediatrician and a lawyer to sue for the lead paint injury to your child.
Marco Caviglia agrees with this answer
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