Legal Question in Landlord & Tenant Law in New York

Rental Apartment repairs

My landlord is refusing to fix a broken lock and wall that the fire department ruined becuase they had to break in when I was sleeping due to a leak onto the floor below me. He says he won't fix anything because the FDNY came once before, when I was home, due to another leak that the landlord didn't fix. However, they did not break in that time.

I also have a leaky kitchen sink, toilet, and leaky roof, in addition to the broken wall and door lock, all of which he refuses to fix. Am I legally required to continue to pay rent? What are my options?


Asked on 12/14/08, 5:10 pm

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Rental Apartment repairs

You can get an abatement. You can do this two ways either go to court and convince a judge to lower your rent until the landlord fixes this problem. Or you can send the landlord via certified mail a letter stating that you are taking a percentage off the rent until he remedies the situation. This is because your landlord may have violated the warranty of habitability. Please keep in mind that if you start the abatement process you better get a lawyer because the landlord will try to evict you for non-payment of rent.

Typically a landlord-tenant lawyer will charge you a retainer of around $1,500-$3,000 for this service. If you do not have this money you can go to legal aide (if you qualify) who will provide you this service for free.

Best of Luck,

Jason Kessler

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Answered on 12/14/08, 6:45 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Rental Apartment repairs

You can get an abatement. You can do this two ways either go to court and convince a judge to lower your rent until the landlord fixes this problem. Or you can send the landlord via certified mail a letter stating that you are taking a percentage off the rent until he remedies the situation. This is because your landlord may have violated the warranty of habitability. Please keep in mind that if you start the abatement process you better get a lawyer because the landlord will try to evict you for non-payment of rent.

Typically a landlord-tenant lawyer will charge you a retainer of around $1,500-$3,000 for this service. If you do not have this money you can go to legal aide (if you qualify) who will provide you this service for free.

Best of Luck,

Jason Kessler

Read more
Answered on 12/14/08, 6:45 pm


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