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
    Apartment buildings in New York City
    Sell
    What is a pied-à-terre? What makes it different from a typical NYC apartment?
    houses in Queens, NY
    Live
    Ossé calls on Hochul to halt evictions for deed theft victims
    NYC buildings along the East River
    Co-ops
    Submitting a co-op board package? Starting this summer, you’ll be approved (or rejected) much faster
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Stephanie moves from Chicago to UES
    Rent
    Why I moved to NYC from Chicago: My Midwest life felt stable but I was craving ‘energy and urgency’
    Rent Guidelines Board vote 2025
    Affordable Housing
    Mamdani appointments to RGB board pave the way for a rent freeze
    cast iron radiator next to a window
    Live
    Is your rent-stabilized apartment too hot in winter? This tenant group wants to know
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Apartment buildings in New York City
    Sell
    What is a pied-à-terre? What makes it different from a typical NYC apartment?
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    Residential towers in Downtown Brooklyn
    Sell
    Brooklyn’s median price rose to $990,000 in the fourth quarter, third-highest on record
  • 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
    The Conant House at 25 Stuyvesant St
    Live
    The 1861 Conant House at 25 Stuyvesant St: A narrow Anglo-Italianate home on a triangular plot
    The Radiker House at 159 West 87th St.
    Live
    The Radiker House at 159 West 87th St: Taming the west side of Central Park
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Shimon Olesker and Mark Seidenfeld, founders of Just SO Constructionwith a company van
    Renovation
    5 Manhattan renovation pitfalls and how to avoid them
    Sponsored By Just SO Construction
    Park Avenue kitchen update by Prime Renovations with IKEA cabinets
    Renovation
    IKEA vs. Home Depot: Which should you choose for a NYC kitchen renovation?
    one-bedroom floor-through loft at 419 Wythe Ave. in Williamsburg
    Renovation
    The 7 best ways to find a short-term rental while you renovate your NYC apartment
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Shimon Olesker and Mark Seidenfeld, founders of Just SO Constructionwith a company van
    Renovation
    5 Manhattan renovation pitfalls and how to avoid them
    Sponsored By Just SO Construction
    Manhattan downtown skyline at sunrise
    Rent
    Ask Altagracia: My landlord threatened to raise my rent after I reported unsafe wiring. What are my rights?
    Sponsored By Outerbridge Law P.C.
  • 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: Can I break my lease because the building doesn't feel safe?

  • Under the warranty of habitability a landlord must ensure safe and livable conditions
  • A landlord has a duty to re-rent the unit, reducing your liability for a leasebreak
By Outerbridge Law P.C.  | March 12, 2025 - 12:30PM
Fire escapes on NYC apartment buildings

If the situation is making the apartment uninhabitable, you may be able to claim constructive eviction.

iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

Can I break my lease for safety reasons? I was told the building was secure when I signed the lease, but there have been multiple break-ins and squatters and I want to leave.

If you break your lease, there is a risk you will be asked to pay the rent until the landlord finds a new tenant. However, the landlord has a duty to mitigate damages, which means they must do everything they can to rent the place out again. This gives you a degree of financial protection if you feel unsafe and need to break your lease. 

“A standard lease will typically only permit a tenant to break a lease without penalty if there is a fire or other event that destroys the apartment,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords. But tenants have another protection, one that isn’t spelled out in the lease.

Your right to a safe and livable apartment

All tenants in New York City are protected under the warranty of habitability, a legal requirement ensuring your landlord provides safe and livable conditions in apartments and common areas. “If you can demonstrate a significant breach of the warranty of habitability, the landlord may be willing to let you out of the lease,” Pierre-Outerbridge said. 

A landlord faces potential liabilities for failing to provide the required security in an apartment building.

“If a random assault takes place because the front door cannot be secured, they may face legal action,” Pierre-Outerbridge said. It’s clearly important you communicate your concerns to the landlord as soon as possible. 

If the situation is making the apartment uninhabitable, you may be able to claim constructive eviction. This is where the condition of an apartment is so intolerable you are forced to vacate.

“In order to assert this, you need to move out—if you still live there you can’t claim constructive eviction,” Pierre-Outerbridge said. 

It’s generally impractical to pursue a fraud claim

Even if you view the misrepresentation of the apartment as fraudulent, the cost of litigation makes it impractical to sue your landlord for fraud. It always makes sense to document conditions, even though it is unlikely this would get to court where proof of the situation would be relevant.

“I would never discourage anyone from gathering proof of underlying conditions but it is not your most valuable defense,” Pierre-Outerbridge said. 

The landlord’s responsibility to re-rent the apartment if you move out is really your best protection in this situation. “If you are fearing for your safety, move out with full notice and rely on the duty to mitigate,” Pierre-Outerbridge said. 

In some cases, you can give notice and the landlord might demand two months rent, which gives them time to turn the apartment around for a new tenant. This is a fairly standard settlement. Pierre-Outerbridge points out: “Two months rent is often what you’d wind up paying anyway.”

Tips on avoiding unsafe rentals

Finding yourself in a tenuous situation in an unsafe apartment building highlights why it’s so important to visit the place before you sign a lease. It’s a good idea to see it more than once and at different times of day. 

Pierre-Outerbridge has some other tips: “Be mindful that basement spaces are prone to flooding and sewer back up. Also, open the closets to see if there are signs of pests that may have been cleaned up for the showing.” 

Domestic violence and harassment

It’s worth noting, if the situation involves domestic violence, there are specific procedures you can take to remove yourself from the lease and move out. “You’d need to get a protective order against the other person in the apartment or certification from a mental health professional,” Pierre-Outerbridge said. 

The situation is different if a neighboring tenant is harassing you. “As the victim tenant you can demand that the landlord evict the problem tenant,” she said. 


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

A laundry basket sitting next to an open washing machine
Affordable Housing Ask Altagracia: I installed a washing machine and now the landlord wants me to pay a fee. Is that allowed?
Apartment buildings West Village, NYC
Roommates + Landlords Ask Altagracia: How do I protect my security deposit and avoid owing extra rent when my lease ends?
Roommates fighting
Roommates + Landlords Ask Altagracia: My roommate stopped paying rent and won’t move out. What legal action can I take?

 

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 leases
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment building
Cool homes for all: A guide to NYC’s new AC mandate for rentals
renovating before selling
How much should you renovate your NYC apartment or house before selling?
staged outdoor space NYC at 212 East 70st St. #4b
Selling in winter? Here's how to stage your outdoor space
Man looking at his phone in NYC street
Why you should check reviews from current tenants before you sign a new lease
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
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