If the owner or management of a building complex does not fix boiler problems that disturb our everyday living what can I do next?

Get Legal Help Today

 Secured with SHA-256 Encryption

If the owner or management of a building complex does not fix boiler problems that disturb our everyday living what can I do next?

Last year the building installed a new boiler. This new boiler is creating noise. The noise is so loud that it vibrates my whole apartment floor. City hall got involve, but did nothing. They did not fine them nor helped at all! We asked to be moved to a different apartment many times and they shut us down saying “it is not a reason to move you” and ” you have to live like that.” Recently their was an apartment available requested to be moved but once again said no and put us on a waiting list instead.

Asked on March 4, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the situation is so severe as to effectively impair habitability--that is, it tends to make the apartment effectively unfit for use as a residence--that may provide grounds to do one or more of the following: 1) terminate the lease without penalty (usually only in the most severe cases); 2) seek a court order forcing the landlord to repair or correct the situation; and/or 3) obtain monetary compensation for the time you've been living with the situation. (The theory is that the condition violates the "implied warranty of habitability," or the requirement imposed by law that all rental premises be fit for their intended purpose.) Whether the sitaution is bad enough to give rise to one or more of these remedies is very fact-specific, and varies case by case; you should consult with experienced landlord-tenant counsel, who can evaluate the situation, your rights, and remedies. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption