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