Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    White-glove movers wrapping a large item in protective film before transport.
    Rent
    Best Luxury Moving Companies in NYC 2026: A Guide Based on Performance, Services, and Building Expertise
    Sponsored By Advertiser
    716 Broadway, #2
    New Construction + Condos
    What you need to know about buying a NYC condo or co-op with direct elevator access
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Brooklyn townhouses
    Roommates + Landlords
    We're new owners and friends are going to be our tenants. How can we preserve our friendship?
    Woman with suitcase in Brooklyn looking over the East River at Manhattan
    Rent
    Three years after Local Law 18 launch, registered short-term rental hosts number over 3,500 in NYC
    Blair on the roof of AtlanticBK
    Rent
    From Williamsburg to Bed-Stuy: I was tired of the tourists and wanted to live somewhere less hectic
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    Views of the East River and the Manhattan Bridge from lower Manhattan, NYC.
    Sell
    Median price for Manhattan co-ops and condos hit $1.25 million in second quarter
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Jobst Hoffman's 1880 29 East 7th Street
    Live
    Jobst Hoffman's 1880 29 East 7th St: A double-flat building that is part of a whimsical trio
    The 1893 Henry A. Caesar House at 19 West 76th Street
    Live
    The 1893 Henry A. Caesar House at 19 West 76th St: A single-family home that became 14 apartments
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
    NYC building with scaffolding
    Renovation
    Ask Altagracia: My rental building is going condo and the renovation is making my life miserable. What are my rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Buildings in Soho, NYC
    Rent
    Ask Altagracia: Our rent-stabilized building is being converted to condos. What are our rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Altagracia: My bathroom ceiling collapsed and I'm worried about asbestos. Can I break the lease?

  • Some leases have a break clause or a break can be negotiated for a fee
  • Read the fine print if the landlord asks you to sign a release agreement
By Outerbridge Law P.C.  | May 28, 2025 - 9:30AM
Ask Altagracia bathroom ceiling collapse lease break

Address concerns about asbestos directly with your landlord or property manager. You can also call 311, the city’s complaints hotline. Do not try to clean up suspected asbestos yourself. 

iStock

My bathroom ceiling collapsed after I warned the landlord about a leak. It's taking forever to fix and I'm worried about asbestos. Can I break the lease and get compensated?

Most standard leases have a clause dealing with what’s known as a casualty event that allows you to break your lease, such as a fire that partially or wholly destroys the premises. “The first thing to do is look at your lease to see if that clause exists and see how close it is to your circumstances,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords. 

Potential health risks

Address concerns about asbestos directly with your landlord or property manager. You can also call 311, the city’s complaints hotline. Do not try to clean up suspected asbestos yourself. 

New York state’s warranty of habitability gives tenants the right to a safe, livable apartment. “If a landlord refuses to fix a warranty of habitability violation, then you might have a case for a constructive eviction,” Pierre-Outerbridge said. This is where you move out because conditions are unlivable and then sue your landlord in housing court. Talk to a landlord-tenant attorney before you file a constructive eviction claim to make sure you don’t lose rights inadvertently.

Getting compensation or legal relief

If you continue to live in the apartment, withholding rent puts pressure on the landlord to make repairs. “If you are not willing to stay in possession in order to realize the value of the rent, the only other option is filing a lawsuit,” Pierre-Outerbridge said. However, she warns it will be “slow, expensive and uncertain.” If you believe you have a personal injury claim, you’d need a personal injury attorney. 

Breaking your lease 

If you decide you want to break your lease and move out, it’s important to make a very clear record of when you vacated the apartment and why. Best practice is to send a letter by certified mail to the landlord giving your landlord notice that you are terminating the lease under the applicable clause you’ve identified. If there is no relevant clause, you can say you are terminating the lease as of the last day of the following month. 

“At that point the landlord has a statutory duty to mitigate damages,” Pierre-Outerbridge said. 

This means a landlord is legally required to do everything to re-rent the apartment at no more than the rent you were paying. This reduces your damages. “If they re-rent for less than you were paying, they can come after you,” Pierre-Outerbridge said, although they are limited to seeking only the difference in the two rents. 

Avoiding financial fallout from a lease break

Some landlords may ask you to pay a lease break fee and sign a mutual agreement that this suits both parties. A typical lease break fee is two months rent. Pierre-Outerbridge warned against signing any kind of broad release agreement that is weighted in favor of the landlord.

“Look at the language of that agreement to make sure you are not giving up your rights,” she said. Legal advice can help you ensure you understand the value of any personal injury claims you might have, especially if health issues arise later. 

When you break a lease it is very important to move all your belongings out, return the keys, and make it clear you do not intend to return. 

“If there is any uncertainty about whether you are still living at the apartment, the landlord can file an eviction case against you,” Pierre-Outerbridge said.

If you’ve left the apartment, but not given the keys back, and the landlord wins the case, you could be asked to pay the landlord’s losses. Making it obvious that you are handing back the apartment to the landlord protects you from this as well as any liability for damage to the apartment after you leave.


Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.

You Might Also Like

Brick facade NYC apartment buildings
Affordable Housing Ask Altagracia: My landlord has been overcharging me for my rent-stabilized apartment. How do I recover what I'm owed?
Apartment buildings at Grand and Crosby streets in Soho, Manhattan
Affordable Housing Ask Altagracia: My mom is moving out of our rent-stabilized apartment. How do I take over the lease?
Cherry Blossom Tree with Brick Brooklyn Apartment Buildings
Affordable Housing Ask Altagracia: I'm a month-to-month tenant. My landlord keeps bothering me about leaving. What are my rights?

 

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia ceilings leases
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Residential towers in Manhattan
What do changes in the Climate Leadership and Community Protection Act mean for NYC co-op and condo buildings?
Governor Kathy Hochul signs new budget
Hochul signs $269 billion budget with new pied-à-terre tax for NYC
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS