Legal Question in Landlord & Tenant Law in New York

tenant rights

I am expereincing severe leaks in the ceiling of my apartment due to damage in an apartment on top of me. The landlords seem unwilling to fix my neighbor's apartment becasue they are in court seeking to evict him. They fix my apartmenet when the leaks happen but the problem which is in the apartment upstairs is still not fixed. As such I have not furnished the living room where the leaks happen (I moved in 5 months ago). I am tired and frustrated; what rights do I have? I did not pay last months rent citing nuisance but they sent me a letter saying they will start legal proceedings against me. What can I do?


Asked on 4/16/07, 9:23 pm

1 Answer from Attorneys
Lissa Luke Luke Law Offices PLLC

Re: tenant rights

The most important action that you can take and should have taken was to send your landlord notification in writing every time there was a leak.

It is apparent that you believe that you are entitled to some sort of abatement for not being able to fully enjoy your apartment. The best way to prove entitlement to an abatement is to prove that the landlord has had sufficient notice of the problem and failed to sufficiently remedy it, if at all.

When/if they take you to court, make sure in your answer you counterclaim for the breach of the warranty of habitability and for an abatement. The best advice would be to retain an attorney

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Answered on 4/16/07, 11:45 pm


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