[NY] [NY] Is my landlord’s offer fair, or should I sue for retaliation and habitability violations?
Water heater burst on 2/20/25 (2:30–3:30 AM), flooding first floor and basement; water leaked through 8–10 basement light fixtures. Filed 311/HPD complaints on 2/20 (10:30 AM) and again on 2/28 for hazardous conditions and failure to fix. On 3/14/25, landlord’s agent threatened legal action for nonpayment right after my complaints — looks like retaliation under RPL §223-b. Mitigation was late: one dehumidifier delivered 3/19 (27 days after flood). Inspection 4/4 — Category 3 water, full tear-out/sanitization needed. HPD hearing moved to 4/28 due to court error. Landlord offered early termination if I vacated by 5/31 (4/9). Mold tested 4/22 — significant contamination, immediate remediation advised. I had already vacated. I escrowed April/May rent due to uninhabitable conditions and pending HPD action.
4/30: I requested immediate termination, full deposit return, $550 mold inspection reimbursement.
5/6: Landlord offered lease termination (return keys by 5 PM), $900 off April (incl. $550 reimbursement), no clarity on deposit.
5/6: I asked for written confirmation: immediate termination, no further rent, full deposit, waiver of April for habitability violations.
5/6: Landlord replied: lease ends when keys returned by 5/7 noon; $2,675 still owed for April (after $900 waiver); deposit returned only after inspection.
Key Issues:
• Retaliation (RPL §223-b).
• Habitability (RPL §235-b).
• Security deposit not confirmed.
• Rent withheld in good faith; landlord still demanding post-move-out rent.
Is their offer worth it? Lease runs to September; I planned to continue withholding.
14
4
Solved
You documented serious water/mold issues and delayed mitigation. The timing of the nonpayment threat after complaints supports a retaliation claim (RPL §223-b). Conditions likely breached the warranty of habitability (RPL §235-b), justifying rent withholding/abatement. Landlord’s offer (partial reimbursement, unclear deposit, insisting on April rent) is weak. Consider pursuing broader relief beyond Housing Court: rent abatement, deposit return, inspection costs, damaged property/moving costs, possibly emotional distress; punitive damages/fees may be possible. Engage a Brooklyn tenant-rights attorney (or legal aid). Route all communications through counsel and don’t surrender keys without a signed agreement confirming: immediate termination, zero rent owed, and full deposit return.
0
Letter of Intent to Sue
Create Document
Full Conversation
Water heater burst on 2/20/25 (2:30–3:30 AM), flooding first floor and basement; water leaked through 8–10 basement light fixtures. Filed 311/HPD complaints on 2/20 (10:30 AM) and again on 2/28 for hazardous conditions and failure to fix.
On 3/14/25, landlord’s agent threatened legal action for nonpayment right after my complaints — looks like retaliation under RPL §223-b. Mitigation was late: one dehumidifier delivered 3/19 (27 days after flood). Inspection 4/4 — Category 3 water, full tear-out/sanitization needed.
HPD hearing moved to 4/28 due to court error. Landlord offered early termination if I vacated by 5/31 (4/9). Mold tested 4/22 — significant contamination, immediate remediation advised. I had already vacated. I escrowed April/May rent due to uninhabitable conditions and pending HPD action.
4/30: I requested immediate termination, full deposit return, $550 mold inspection reimbursement.
5/6: Landlord offered lease termination (return keys by 5 PM), $900 off April (incl. $550 reimbursement), no clarity on deposit.
5/6: I asked for written confirmation: immediate termination, no further rent, full deposit, waiver of April for habitability violations.
5/6: Landlord replied: lease ends when keys returned by 5/7 noon; $2,675 still owed for April (after $900 waiver); deposit returned only after inspection.
Key Issues:
• Retaliation (RPL §223-b).
• Habitability (RPL §235-b).
• Security deposit not confirmed.
• Rent withheld in good faith; landlord still demanding post-move-out rent.
Is their offer worth it? Lease runs to September; I planned to continue withholding.
Lexi, Chatbot
Have you consulted a lawyer?
No.
Lexi, Chatbot
Do you have docs/photos/inspections?
Yes.
Lexi, Chatbot
Anything else the lawyer should know?
Yes.
Jon
Hello! I’m here to help as an attorney. You want to know if the offer is worth it and what you can do with your landlord?
Yes. I believe I can sue civilly for additional damages for retaliation.
Jon
Anything else to add?
Nothing else.
Jon
You documented serious water/mold issues and delayed mitigation. The timing of the nonpayment threat after complaints supports a retaliation claim (RPL §223-b). Conditions likely breached the warranty of habitability (RPL §235-b), justifying rent withholding/abatement. Landlord’s offer (partial reimbursement, unclear deposit, insisting on April rent) is weak. Consider pursuing broader relief beyond Housing Court: rent abatement, deposit return, inspection costs, damaged property/moving costs, possibly emotional distress; punitive damages/fees may be possible. Engage a Brooklyn tenant-rights attorney (or legal aid). Route all communications through counsel and don’t surrender keys without a signed agreement confirming: immediate termination, zero rent owed, and full deposit return.
Thanks.
Jon
If you need more help later, reach out—happy to assist.
Jon
556 satisfied customers
5 lawyers online now
11
2
Answered 3 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
