Legal Question in Real Estate Law in New York

Reduction of rent due to lack of basic services

Our building has been without gas for 1 month. Our landlord has been making repairs but slowly. Can rent be reduced due to the lack of gas?


Asked on 6/27/00, 9:18 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Reduction of rent due to lack of basic services

You have not described what conditions caused the loss of gas service. If the condition was caused by force majure (act of god or nature) beyond the control of the landlord, your lease probably allows the landlord to make repairs without damage claims, if he diligently and continuously tries to fix the problem. On the other hand, if the condition was caused by the landlord, or was due to his negligence in maintaining the property, you are allowed to deduct any damages you incur due to this provision, for the period you are without service. You should document any damages and write the landlord explaining what this condition has cost you and be able to provide verification of expenses.

Walter

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Answered on 9/07/00, 9:35 am


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