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Old 07-19-2010, 04:23 PM
 
146 posts, read 711,485 times
Reputation: 102

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Quote:
Originally Posted by kayfouroh View Post
A lawyer friend said I could probably use the "quiet enjoyment" clause of the lease to get out -- is this true? What do you guys think?
What state are you in? Sorry if you mentioned it and I missed it.
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Old 07-19-2010, 04:30 PM
 
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No problem... NY.
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Old 07-19-2010, 05:02 PM
 
146 posts, read 711,485 times
Reputation: 102
Would someone in NY correct me if I'm wrong, but the only potentially relevant reference I see to "quiet enjoyment" does not seem to apply in the OP's situation, and is as follows:

Sec. 235. Wilful violations.

1. Any lessor, agent, manager, superintendent or janitor of any
building, or part thereof, the lease or rental agreement
whereof by its terms, expressed or implied, requires the
furnishing of hot or cold water, heat, light, power,
elevator service, telephone service or any other service or
facility to any occupant of said building, who wilfully or
intentionally fails to furnish such water, heat, light,
power, elevator service, telephone service or other service
or facility at any time when the same are necessary to the
proper or customary use of such building, or part thereof,
or any lessor, agent, manager, superintendent or janitor who
wilfully and intentionally interferes with the quiet
enjoyment of the leased premises by such occupant, is guilty
of a violation.

It doesn't seem as though the LL is intentionally interfering with your quiet enjoyment. The following sections may be of use to you given what you've said:

Sec. 231. Lease, when void; liability of landlord where
premises are occupied for unlawful purpose.

1. Whenever the lessee or occupant other than the owner of any
building or premises, shall use or occupy the same, or any
part thereof, for any illegal trade, manufacture or other
business, the lease or agreement for the letting or
occupancy of such building or premises, or any part thereof
shall thereupon become void, and the landlord of such lessee
or occupant may enter upon the premises so let or occupied.

Sec. 235-b. Warranty of habitability.

1. In every written or oral lease or rental agreement for
residential premises the landlord or lessor shall be deemed
to covenant and warrant that the premises so leased or
rented and all areas used in connection therewith in common
with other tenants or residents are fit for human habitation
and for the uses reasonably intended by the parties and that
the occupants of such premises shall not be subjected to any
conditions which would be dangerous, hazardous or
detrimental to their life, health or safety. When any such
condition has been caused by the misconduct of the tenant or
lessee or persons under his direction or control, it shall
not constitute a breach of such covenants and warranties.
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