Landlord Ignores Request to Break Lease (apartment, broker, tenant)

[mangotango]

So I moved into an apartment that stinks... literally. There is an awful smell that's coming from somewhere in the basement (I think it may have something to do with the boiler), it radiates upwards into the ground floor apartment and has made the unit unlivable.

I've moved out of the apartment and have notified my landlord that I would like to break the lease, he had initially told me to notify the broker so they could put the unit on the market - this was two months ago and the last he has ever responded to me. He has since ignored any phone calls/emails/text messages about breaking the lease/signing an ending agreement. When I ask the broker any questions they simply tell me they're trying to rent it out and direct me to the landlord (who refuses to acknowledge me). I've continued to pay rent on time but I'm obviously frustrated by the fact that he is completely refusing to respond to any type of communication.

This landlord has never given me a copy of the signed lease and has also ignored any requests for one. I've been a good tenant who has and continues to pay rent in a timely manner - what are my options?

Oh and Coned has sent multiple notices that they will turn off the power to the common areas of the building because the landlord has not paid the bill.

[SeventhFloor]

Originally Posted by mangotango

So I moved into an apartment that stinks... literally. There is an awful smell that's coming from somewhere in the basement (I think it may have something to do with the boiler), it radiates upwards into the ground floor apartment and has made the unit unlivable.

I've moved out of the apartment and have notified my landlord that I would like to break the lease, he had initially told me to notify the broker so they could put the unit on the market - this was two months ago and the last he has ever responded to me. He has since ignored any phone calls/emails/text messages about breaking the lease/signing an ending agreement. When I ask the broker any questions they simply tell me they're trying to rent it out and direct me to the landlord (who refuses to acknowledge me). I've continued to pay rent on time but I'm obviously frustrated by the fact that he is completely refusing to respond to any type of communication.

I've been a good tenant who has and continues to pay rent in a timely manner - what are my options?

Oh and Coned has sent multiple notices that they will turn off the power to the common areas of the building because the landlord has not paid the bill.

Take the landlord to court. You signed a legal lease, so break the lease legally. Tell the judge there's a bad smell, and let the court handle it.

[silverbullnyc]

Weird that you never got a copy of the signed lease after living there, for how long anyhow. Did you sign an exclusive agreement with the broker to find a replacement.

Im an agent as well and its common practice for you to sign an exclusive agreement with the broker and you're still on the hook for the rent until its been rented out sadly.

If you want to shoot me a direct message with any questions regarding if your apt is actually being properly advertised let me know as i can see some back channels that you cant. If everything is being done legally that is.

[marilyn220]

I'm with Silverbullnys on this one.

How can you NOT get a signed lease BEFORE moving into a place to live?

This has never happened to me (nor will it ever), so I can't identify.

[Cida]

Originally Posted by SeventhFloor

Take the landlord to court. You signed a legal lease, so break the lease legally. Tell the judge there's a bad smell, and let the court handle it.

But no one wants to take a LL to court.

Could this possibly be one of of the rare times when 311 would help?

Better still, what if the OP start writing letters to various agencies, and sending copies to the LL? For instance, the health department, the environmental department, the department of buildings, etc. What if the OP were sending out one every 4 or 5 days, and each letter began with the OP saying that he/she was contacting them because the LL was refusing to reply?

That might motivate the LL to action, don't you think?

[SeventhFloor]

Originally Posted by Cida

But no one wants to take a LL to court.

Could this possibly be one of of the rare times when 311 would help?

Better still, what if the OP start writing letters to various agencies, and sending copies to the LL? For instance, the health department, the environmental department, the department of buildings, etc. What if the OP were sending out one every 4 or 5 days, and each letter began with the OP saying that he/she was contacting them because the LL was refusing to reply?

That might motivate the LL to action, don't you think?

Action to do what?

It goes both ways - you think a LL wants to waste time and money taking a tenant to court?

[Cida]

Originally Posted by SeventhFloor

Action to do what?

It goes both ways - you think a LL wants to waste time and money taking a tenant to court?

Action to address the problem or release the OP from the lease. Maybe he thinks he can just wait it out.