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Can a landlord force us out if we have a lease?

Posted by karen on August 15, 2000 at 09:17:58:

Help. We are new residents of NY (Rochester,Monroe County)where we rented an appartment in a three dwelling unit (row houses). After the lease was signed, a security deposit and the first months rent was paid, I was told about problems with basement flooding and mold. I found this out on the day the movers were picking up our stuff. Several days after arriving at the apartment the landlord came to drop off a move in check list. There were a few problems with the apartment and the land lord took care of the major issues and said some one would be along to do some of the out standing work. I filled out the move in sheets documenting all of the problems and flaws in woodwork, walls, floors, ect. One issue with the floors is that they were to be hardcoated before move in. They were with the exception of the floors in the upstairs bedrooms which were not resurfaced. The the bedrooms the floor is down to the bare wood in some places so that cleaning will be difficult, and I do not want to be responsible for damaging these floors.Where they did hardcoat no sandingwas done first and there are numerous scratches and gouches in the floors. I noted this in the move in sheet.In fact I tried to be very comprehensive. In a seperate letter, sent registered, I outlined the problems with the basement including the fact that it has taken on water 2 times since we moved in and there is a odor that eminates from the basement through the heating ducts into the first floor. The land lord repsonded with a letter suggeting that I should not have moved into an old house if I wanted everything to be new, and offered to let me out of my lease in 60 days time. We looked hard for an apartment that would have enough space for us and wood floors (couldn't believe how hard this was to find). We are not interested in moving. I called the land lord and left a message to say there perhaps we had had a miscommunication. I recieved no reposonse and called again 2 days later and left a second message to say taht we were not interested in moving, but we dod not wnat to be charged for damages on the way out. Can they force us out? What about expenses to move? and money we put into cleaning the duct system, and installing a second phone line?

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