False advertisement?

This is a discussion on False advertisement? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I rented a small studio in NYC (Brooklyn) in October. When my friend and I came to view the apartment ...

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Old Apr 8th, 2008, 08:50 PM   #1
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Angry False advertisement?

I rented a small studio in NYC (Brooklyn) in October. When my friend and I came to view the apartment prior to leasing the landlord advised me there was one small dog upstairs. Shortly after moving in it became clear that there were more than just 1 small dog. I was speaking with my neighbor one day and she mentioned that she actually had 5 small dogs, however 1 had died that day.

These dogs bark anytime someone walks up to the house (I live in a row house) or sometimes for no apparent reason (such as this moment).

Additionally, I was not advised that I could in no way control the heat. They pay for the heat, but I can not turn the radators on or off.

Two weeks ago, I had finally had it and decided that I needed to get out of the lease. I wrote my landlord requesting I be released early from my lease early, because I was advised there was one dog but actually four, I work from home and not only affecting my work, but also my sanity and sleep.

The landlord had offered to install a new heater, and she offered to request my neighbor lock up her dogs during my working hours (which I did not see as a solution a. they would still be barking and running around all night and b. lock a dog up for 8 hours and what are they going to do all night??? BARK and run around). Do they only have to provide a possible solution? What if it's not a true solution such as this? She advised me her lawyer said I would be required to pay remaining rent on my lease or until they have a new tenet.

My question is this...is a verbal lie (they do know how many dogs she has as they come in person to collect her rent each month- she has lived here 12+ years and had these dogs 1-10 years) prior to signing a lease false advertisement, and therefore grounds for getting out of my lease cost free (or at least a minimal cost)? They are still deciding if my deposit will be returned after a new tenet is in place- is that fair? Additionally, I have read in NYC landlords may only have up to a months rent in deposit- they have a month and a half of my deposit. Is this true?

Thank you,

At the end of my sanity rope.
Brooklyn, NY
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Old Apr 9th, 2008, 10:30 AM   #2
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Wink Re: False advertisement?

Actually, I think we got it all worked out pleasantly. Soo, nevermind.
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