Legal Question in Landlord & Tenant Law in New York

If You Have Rodent Problems In Your Home, You Have Children In Your Home & You Report It To The Landlord & He Hasn't Taken Actions To Solve The Issue, Can You Withhold Rent Due To Concern Of Health Hazardous?


Asked on 8/24/10, 5:17 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

The law has held that rodent infestation is a breach of warranty of habitablility. You may withhold a portion of the rent and use the money to retain an exeterminator to eliminate the rodent problem. However, I would do that only after serving written notice on the landlord.

Mike.

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Answered on 8/30/10, 5:21 am


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