Legal Question in Real Estate Law in New York

Can I readjust my rent?

just after we had signed the lease but before our scheduled move-in date, we were informed that they were having some trouble with the gas pipes. so we would not have gas or use of our stove/oven for the first two weeks until it was fixed. we were provided with space heaters and a small stove unit. two weeks came and went, three months later we are still living with our space heaters and stove unit. we have called periodically (everytime we were assured that this is the week, in three days we would have heat) and sent letters. in january we wrote a letter and stated that we would deduct the electric bill from our rent (due to the cost of the space heaters and stove unit). This is ridiculous, and should have been solved months ago. i don't think deducting simply the electric bill is enough. we signed the lease agreeing to certain amenities that have not been provided. thus, has our landlord breached the lease? the rent is $1100 can i simply readjust the rent to $1000 for the amenities that were never provided for the last three months. Please advise.


Asked on 3/04/03, 7:40 pm

1 Answer from Attorneys
Thomas Luz Pearce & Luz LLP

Re: Can I readjust my rent?

The landlord has breached the lease.

Never mind a deduction; withhold the entire amount until the problem is fixed. I recommend (1) having a lawyer write a nastygram to the landlord to this effect, and (2) paying the rent (minus the electric bill and the lawyer's fees) to the lawyer to hold in escrow until the landlord is in compliance.

If the landlord tries to evict you, you have a defense of breach of contract.

I'd be interested in hearing the opinions of my brethren at the bar on this one.

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Answered on 3/05/03, 9:59 am


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