Legal Question in Landlord & Tenant Law in New York

Can I withhold rent in December for the 2 weeks in November that were uninhabitable during repairs? My landlord took 2 weeks to repair a meter and during this time I had no heat, hot water and only half of my apartment had electricity. I had already paid for the month of November. Can I withhold the money from my rent check for December or do I ask for an abatement?


Asked on 12/04/12, 2:21 pm

1 Answer from Attorneys
Barry Janay Law Office of Barry E. Janay

Yes, the fact that the premises was uninhabitable is key in the analysis, but you should only withold the portion for the amount of time that you were unable to stay at the premises due to its uninhabitable condition and I would advise that you write the landlord a letter and indicating the basis for your partial payment (i.e. it is a set-off of the amount that the landlord owes you that you already paid but could not use the premises).

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Answered on 12/05/12, 5:25 am


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