If I had no heat for a month due to a hurricane, do I qualify for a rent abatement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I had no heat for a month due to a hurricane, do I qualify for a rent abatement?
Asked on December 5, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may well be entitled to a rent credit or abatement. All rental properties come with what is known as the "implied warranty of habitability," or the obligation imposed by law on the landlord that he/she provide premises which are safely habitable and "fit for their intended purpose"--in this case, residence. A condition, such as lack of heat, which renders premises not fit for their purpose violates this warranty and can entitle the renter to a credit or abatement. If the landlord will not provide such voluntarily, your recourse would be to file a lawsuit and seek the abatement in court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.