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Is the lease binding if not signed but the landlord

Brooklyn, NY |

Hello,
I signed a lease for the rent of the apartment in NYC. But on the day of my moving in I walked into the building and saw enormous amount of cockroaches in the hallway, stairs, elevator, apartment itself (dozens!!!) (I also asked if they have any kind of bugs or cockroaches - the super said no). So I decided not to move in because of the insanitary conditions. When I walked into the apartment I saw leaking water in the bathroom, smell of gas from the oven. The super of the building promised to fix everything before we move in (he promised it on the day of the lease signing 2 weeks prior to the moving in). The day I was moving in was 1 day before the lease started. I told to the super that I am not moving in due to unsanitary reasons and gave him back the keys. He called the landlord

Attorney Answers 3


  1. Same question posted twice.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. Who has the lease? If the landlord, I bet it is signed now.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. Dear he called the landlord?

    You may not have had a proper lease. In New York, a tenancy is created when the tenant is provided with a copy of the lease signed by the landlord and the keys.

    Was the "landlord" present at your lease signing? Did you inspect the apartment before signing the lease?

    You may have properly canceled the lease, but time will tell. That means if the landlord does not sue you for rent, you will gather that the lease was canceled.

    Did you provide a "security" deposit? if so, the landlord is required to notify you of the name and location of the bank that holds the security deposit. You may be entitled to the refund.

    You may want to check to see if tenants in the building reported the insect infestation. Go to HPDOnlne at: http://www.nyc.gov/html/hpd/html/home/home.shtml and complete the drop down menu to locate the building you did not move into.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.