Problem with commerical landlord - any help/advice is appreciated (real estate, lease)

[ndc923]

I own a small business in Queens, and upon signing my lease I was informed there is a sewer drain located on the lower floor of my business that the landlord has maintained every 6-8 weeks. As the years went by they came back and less and less frequently. It is now practically January and they had not been here since at least October (I'm almost positive it's September even). I arrived at my business yesterday morning to find the lower level of my business with over 2" of filthy horrendous smelling sewer water flooding the ENTIRE level. I called the landlord, who brought in a plumber and snaked the sewer and then LEFT. I ask what was going to be done, because at this point this water had been sitting there and the floors were going to need to be replaced. He told me to put baking soda on it and it wouldn't smell anymore. I proceeded to tell him that is NOT a solution, and mold will become an issue and he looked at me and walked out of the business. He will not return any of my phone calls. I had several companies here to quote the work and said it will cost at least $7000 because the floors need to be ripped up replaced and sheet rock needs to be cut as well unless I want a mold problem. They as well tried calling the landlord/owner with no response. I am now forced to close down my business as it is a health hazard to breathe this in and my landlord will not return a single phone call. I called with my number blocked and he answered, and a minute into the conversation hung up on me! I called my insurance as well and was told I would be covered for product and other loss but the floors/walls would not be covered as that is part of the building and the landlord's responsibility. ANY HELP please. I don't know what else to do. Thank you in advance.

[Hemlock140]

As in most of these questions, you need to read your lease. It should have specific details of who maintains what, and the conditions under which you can break your lease. In this case even the standard "quiet enjoyment" clause should pertain.

If they are not responding, the lease requires them to maintain the sewer, and you cannot operate there, you should have a good case for breaking the lease and moving out. You could also have a good chance of winning a law suit for damages due to loss of income from their negligence. If the maintenance is not specifically mentioned, you may still have a case but need to talk to a real estate lawyer.