Legal Question in Landlord & Tenant Law in New York

My building had a fire, do I pay rent?

Hi!~

My building had a fire last week. My question is...do I have to pay pent for the 6 days I could not live here? It wasn't a choice not to be here, it was unliveable. My landlord says I have to, but the Red Cross and everyone I talk to said he can't make me pay for the time I wasn't here. I already paid January's rent in full and was going to deduct the 6 days from February's rent instead of him refunding me $.PLEASE let me know. My landlord always claims to know the law. It's not an option to move right now, either. Thanks


Asked on 1/27/04, 2:14 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: My building had a fire, do I pay rent?

I hope things are better now and you can safely return to your home.

This is an unusual question, but I think I can answer.

First, let me give you some history. 100 years ago the law was that you would have to pay even if the whole building burned down. That has changed. Now, the landlord must not only give you the legal right to an apartment, but also the actual apartment. So the answer is: no you do not have to pay rent for time in which, through no fault of your own, the apt was not available to you.

However, if the landlord paid for your accomodations during the six days, the answer may be different.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 1/27/04, 2:22 pm


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