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Landlord failed to deliver lease, property

By T La

Hello all! Looking for some guidance here…I am at my witt’s end. I signed a lease in late Oct, 2012, renting an apartment within a 2 unit (up and down) duplex. A lease was signed, security and rent paid (and checks, cashed) and we moved in. (IMPORTANT NOTE: arfter arriving at the property to sign the lease- the other resident in the duplex came out back & told me, "You will have to wait out front, (for the landlord) as everything back here-in the backyard-is mine." I thought this was quite rude, but was informed by the landlord that the other residents had recently had a new baby, so I thought maybe she was having a bad day. I did ask the landlord how the neighbor’s were, (before renting the unit) and he told me that they were "nice, quiet people."

The landlord has refused to deliver the lease, despite numerous requests, via email asking him to do this. In addition, the property has not been delivered, as advertised. The "full basement" (with a workshop that was a huge selling feature) cannot be used for anything. Trash and snow removal was to be included, per the ad, but- thus far, these services have been virtually non-existant. My partner had 2 projects that he was working on (in our basement workshop) and because the duplex does not even have a proper door or walls separating the two units, is not insulated, or ventilated, he cannot use any varnish, paint, or polyurethane to complete the projects. 
We moved in and the horror started immediately with this resident and her family. 1st day, she called the landlord to complain that we were smoking in the apartment. We weren’t. Then, a few days later, she called the police about a noise ordinance problem. The poice came and left without substantiating any problem. (the radio playing was a tiny, 2 watt radio in the basement, that my partner picked up because he could hear every conversation the neighbors were having downstairs in our basement workshop.) 
Then, a few days later, when my partner was using a single can of polyurethane OUTSIDE OUR APARTMENT, my neighbor called the fire department because of an odor. The fire department told my husband that he could not use the polyurethane anywhere NEAR the house due to noxious fumes. So this basement workshop (which was previously set-up as a workshop with benches, vices, etc) cannot be used. Every time my son or partner are in the basement, the neighbors jump on the floor, pound on the walls and do everything they can to aggravate us. This happens even if all they are doing down there is talking, and NOTHING ELSE! The neighbors have called the police more than a half dozen times, the most recent of which was due to the smell of dryer sheets in our laundry. With exception of the fire department showing up that initial time my partner used the polyurethane outside, none of these calls have resulted in any warnings, infractions or tickets issued to us for anything.
The landlord has refused to do anything to curtail the behavior and false police calls and told me that I would have to work it out with her, or move. In addition, after the police were summoned here a month ago (for lemon furniture polish!), the officer that responded actually told my partner, "We can’t keep coming here…if we come again, we will have to issue you a ticket." When my partner asked what the ticket would be written for, the officer very matter of factly told him, "we WILL find SOMETHING to write you a ticket for…" Isn’t that harrassment?
My questiions are as follows: Can a landlord refuse to deliver the property (and lease) as advertised and still be entitled to the full rental amount, or am I entitled to a reduction in the rental amount because these advertised services/etc are not being supplied?
If the landlord has refused to deliver the lease, and has said "the lease is void," is it actually void between both parties? Additionally, if the landlord states that the lease is "void," is he able to file suit against me for the balance of rent for the remainder of the term of our lease? Is he able to retain my security deposit if he has stated the lease is "void."?
Finally, aren’t there laws that protect tenants against retaliation from landlords? (who have informed the landlord they are filing complaints with goverment agencies)?
Thanks, all…FYI, I am in the state of NY, North of Albany (not in the city)
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Edited on: Tuesday, January 15th, 2013 1:14 pm
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One Response to “Landlord failed to deliver lease, property”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Scott

January 30th, 2013 9:11 pm

That’s a tough situation you’re in. But let me ask you, before you signed the lease and rented the apartment, did you do a walk through? Did you note that things that need to be improved on and did you actually document? I’m guessing you didn’t judging from your surprise when you found out the particulars.

Insulation is a must. If the property is not well insulated then that could be something the city needs to know. You have the right to get a copy of your lease. Your landlord has to give that to you. If the lease is void, that must be done in writing. A verbal agreement is not enough. You need to have a proof that the lease is really void.

And if you can have that proof that the lease is void, then you can pack up your things and move. The security deposit may or may not be returned since it will cover the cost of damages to the place while you were there.

If the landlord does not give you a written agreement that the lease is void, then the most logical step would be to file a complaint. FYI. There is no government agency that would help you file a complaint against a landlord. RPA is a private organization that can help you with that. File a complaint through them.

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