I recently rented a "2 bedroom" apartment which seemed a little strange to me because there are no windows in the living or dining spaces. There is a small exhaust vent in one of the kitchen cabinets, but that's it. The rate was good and we needed the second bedroom, so we pulled the trigger. Now that we're here, ventilation is obviously terrible. Sure enough, I see that the original floor plan is... [more]
I recently rented a "2 bedroom" apartment which seemed a little strange to me because there are no windows in the living or dining spaces. There is a small exhaust vent in one of the kitchen cabinets, but that's it. The rate was good and we needed the second bedroom, so we pulled the trigger. Now that we're here, ventilation is obviously terrible. Sure enough, I see that the original floor plan is 1 bedroom, and my landlord installed a floor-to-ceiling wall with solid door and sectioned off about half of the living space (with the windows) as the second bedroom. I also reviewed some literature from the city, and sure enough, it seems this is not legal. We've also gotten into several disagreements about other issues, and I'm thinking of leaving.
Anyway, my question is this: can I break the lease due to the illegal nature of the modifications? I'm considering calling the DOB to inspect. There's also no smoke detector outside of this "bedroom."
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Response by uptown_joe
over 9 years ago
Posts: 293
Member since: Dec 2011
If you're up for playing hardball, sure, call DOB. Be sure you have a specific idea, with an attorney's help if needed, about what violation of what lease provision will get you out of the lease. And a new place in mind to live as soon as you negotiate that.
You may also need to explain to a new landlord why you're leaving the current place mid-lease and presumably without a reference from the current landlord. (This is totally explainable, just practice phrasing to avoid sounding like you're a troublemaker who will call city inspectors at the drop of a hat.)
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If you're up for playing hardball, sure, call DOB. Be sure you have a specific idea, with an attorney's help if needed, about what violation of what lease provision will get you out of the lease. And a new place in mind to live as soon as you negotiate that.
You may also need to explain to a new landlord why you're leaving the current place mid-lease and presumably without a reference from the current landlord. (This is totally explainable, just practice phrasing to avoid sounding like you're a troublemaker who will call city inspectors at the drop of a hat.)
It sounds illegal and a safety hazard.