K
Kim & Chris
Guest
New York (Manhattan)
The facts are:
1. The primary reason we moved from our last apartment was the noise from surrounding apartments/tenants. We did not break our lease.
2. When looking for a new apartment, the noise issue was explained to our broker.
3. We found an apartment that we liked and specifically asked the then-existing tenants whether they could hear their neighbors' telephones, conversations, stereos, televisions, etc.
4. The tenants stated they could not hear any of these noises and even offered an unsolicited account of how they never heard parties taking place in neighboring apartments.
5. We moved into subject apartment and within 24 hours learned that we can hear all of the noises the prior tenants told us they could not hear.
6. The prior tenants broke their lease with the lessor and would have been financially responsible for the remainder of said lease had a new lessor (us) not been found to rent the apartment.
7. We would never have moved into subject aparment had we known, or been informed of the fact, that noise from surrounding apartments/tenants can clearly be heard within said apartment.
8. The information we relied upon to make the decision to enter into this contract proved to be false and misleading.
9. The false and misleading information was not provided to us by the lessor.
Do we have any recourse with the lessor with respect to voiding this contract, i.e. our current lease?
Thank you very much for any assistance you could provide.
The facts are:
1. The primary reason we moved from our last apartment was the noise from surrounding apartments/tenants. We did not break our lease.
2. When looking for a new apartment, the noise issue was explained to our broker.
3. We found an apartment that we liked and specifically asked the then-existing tenants whether they could hear their neighbors' telephones, conversations, stereos, televisions, etc.
4. The tenants stated they could not hear any of these noises and even offered an unsolicited account of how they never heard parties taking place in neighboring apartments.
5. We moved into subject apartment and within 24 hours learned that we can hear all of the noises the prior tenants told us they could not hear.
6. The prior tenants broke their lease with the lessor and would have been financially responsible for the remainder of said lease had a new lessor (us) not been found to rent the apartment.
7. We would never have moved into subject aparment had we known, or been informed of the fact, that noise from surrounding apartments/tenants can clearly be heard within said apartment.
8. The information we relied upon to make the decision to enter into this contract proved to be false and misleading.
9. The false and misleading information was not provided to us by the lessor.
Do we have any recourse with the lessor with respect to voiding this contract, i.e. our current lease?
Thank you very much for any assistance you could provide.