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Am I right in terminating my lease? New York

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  • Am I right in terminating my lease? New York

    My fiance and I are looking to sever our lease agreement in a couple of months because of the fact that we have had a severe roach problem since moving in, although we were not made aware of this fact before. (The lease is up in June and we cannot see ourselves going through another six-plus months of this, especially with a baby in the house.) We signed the lease and paid our security deposit and first month's rent a couple of weeks before we were able to move in. We also did not get a key until a couple of days before our move-in date. That was the first time we noticed that there may have been a problem. We saw two roaches while we were putting up blinds in the house before we had moved anything in.

    Shortly after we moved in, we started to notice several roaches all over the place. Mind you, this is a problem that we have never encountered before anywhere else. When speaking about the problem with our new landlords, they told us that yes, this was indeed a problem because of dirty tenants downstairs, but they had an exterminator who would come in every saturday to bomb the whole house (it's a quad--4 apartments). This has not helped. The exterminators no longer come because the two apartments (one with the so-called roach problem) were completely renovated, walls stripped--everything, yet we still have a problem. It even seems that they are getting worse. Further, my new leather living room suit has been destroyed because they have nested in one of the couches. They are starting to get really bad and I find living in the home uncomfortable, although we fell in love with the floorplan. If I had have known that this was a problem before, I would have definitely passed on the offer. However, I feel that we have all been deceived and I am sorry that I have had to put my son through all of this. We are very clean tenants and the problem persists. We even have to be extra careful with little things to ensure that the place is **** and span constantly in a hopeless effort to see them start to disappear. We even bought special foam to close up all of the holes and cracks throughout the entire apartment and they are finding other ways to get inside. My $1200 living room suit is ruined and I will have to get rid of it really soon.

    We can't take it any longer and it's quite embarrassing to even bring people over for fear that one will come out of a crack or crevice. Will we be within our legal rights as New York City tenants (we are Staten Island residents) if we terminate our lease on the grounds of uninhabitable living conditions? Could I be reimbursed for the damage caused to my living room set? We pay almost $1400 a month not including utilities and always pay on time, we are clean, quiet, respectable tenants who just wanted to raise our son in a great neighborhood in a nice, sanitary home. What are our rights? Should we first consult an attorney? Do we even have a case?