Can I get my full rent payment back on my sublease if I found out about a cockroach problem after moving in?

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Can I get my full rent payment back on my sublease if I found out about a cockroach problem after moving in?

The lease holder, as well as the other 2 roommates did not disclose to me that there was a cockroach problem in the apartment before I agreed to occupy and pay my t$800 rent. I only stayed one night and found another apartment immediately, but the roommates are telling me they are not obligated to give me my money back because I agreed to stay through the end of the month. They said they might give me a prorated amount back but shouldn’t I get the entire rent back since they neglected to tell me about the roaches? Had they told me about that, I would have never moved in.

Asked on April 5, 2012 under Real Estate Law, New York

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

This depends on the terms of the sublease and the responsibilities of the subtenant.  It also depends on the term or whether you were month to month.  If it is an oral lease, this too is a factor.  I would suggest that if the money warrants it, you consult a lawyer.  You could potentially be liable for the whole lease term and you need the propoer elease documents if this is the case.


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