landlord falsely advertised apartment, locked out of garden

[kebre]

In late September I moved into a "garden level" apartment, which was advertised as having a private garden space, shared with only one other apartment. As I have two dogs, I was only looking for something with an outdoor space. The apartment is in Gramercy Park, in a twenty something unit building.

When I viewed the apartment, I was shown the garden (although it does not directly connect to my apartment, but rather through the meter hallway). I spoke about how excited I was to have the garden with their leasing manager when I applied. I was allowed access the first week I was in the apartment. Then they changed the keyed doorknob to a deadbolt, and refused to give me the key. I was told (by the property owner) that it was a typo in their internal listing that I would have access.

The landlord said I could move to another apartment (they own a lot of properties), or they would take some money off my rent. I was shown an apartment with a "balcony" no bigger than a fire escape, at the same price as the one I took ($1800) or fifth floor walkups, smaller than mine, but with a roof deck, and at nearly a thousand dollars more. The landlord did say she would pay to move me. She also said she would take money off of my current rent, initially saying $100, then saying that that was too much. She also mentioned that I could break my lease.

I would have been happy with more money off (I suggested $300) or access to the garden. I was also willing to move, but I didn't believe I should have to pay that much more for spaces that weren't comparable to what I was promised at a significantly lower price.

I do have copies of the ad I responded to, which included pictures, as well as the emails with the agent (of their company) who showed me the apartment. I also have copies of other ads that clearly show this apartment (down to the address) as having a yard, listed by the company itself.

The landlord has stopped returning my calls and emails, and consequently I have been withholding rent. Yesterday I was offered an apartment, with a huge, unshared yard, and an extra room, for the same price as I'm paying now. I'd like to take it.

What are my options? Can I walk away due to their false advertising? Or should I stay and let them take me to court? What's most important to me is that I be in a place that works for me.

Thanks so much for your time!