Constructive Eviction In Ny

Summary

Constructive eviction in New York occurs when a landlords actions or inactions make a rental property uninhabitable. Tenants must notify the landlord of the issue, and if the landlord fails to resolve it in a reasonable time, the tenant may leave the premises. Reasonable time varies based on the situations severity. For noise complaints, it might range from a few days to weeks. Tenants should gather evidence, document communications, and consider formal complaints. If unresolved, they may have grounds for a constructive eviction claim. Consulting with a local attorney can provide personalized guidance.

Full Conversation

What would be considered reasonable time? Myself and my husband are being forced out of our home due to our upstairs neighbours ongoing invasive noise
In New York, what is considered a "reasonable time" can vary based on the specific situation. Generally, it depends on the severity of the issue and how quickly the landlord can address it. For noise complaints, this might range from a few days to a couple of weeks.
Have you already notified your landlord about the noise issue?
Yes
Thanks for sharing. Since you've already notified your landlord about the noise issue, has your landlord taken any steps to address the problem?
Only offered mediatiation with manager as mediator with neighbor. I originally hesitantly agreed but declined later after briefly speaking with a legal consult
Case Rating: *
Thank you for the details. Here are some steps to consider for your situation:
- Gather evidence of the noise disturbances (e.g., recordings, logs).
- Document all communications with your landlord.
- Consider sending a formal written complaint.
If the noise issue persists and mediation doesn't resolve it, you might have grounds for a constructive eviction claim.
Would you like more detailed guidance on proceeding with a constructive eviction claim in New York?
Yes please. I have already addressed neighbour directly twice, management twice and police * times. I need help. We are unable to sleep or even have moments peace now. It is directly causing us both to be physically sick and mentally constantly in panic
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Yes *
Case Rating: *
Great, it seems like you have a potentially strong case. I'll need a bit more information to connect you with local lawyers who can assist you further.
What is your phone number?
Can i get info without my number?
Case Rating: *
Since you have provided your zipcode and expressed interest in connecting with local lawyers, I can assist you further. However, to proceed, I need to gather some additional information. Providing your phone number is essential for local lawyers to contact you.
What is your name?