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Ask Loren Your Own Question
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 32537
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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Am I allowed to with hold my rent in NYC if my apartment

Customer Question

am I allowed to with hold my rent in NYC if my apartment violates habitability of warranty?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 11 months ago.

Withholding rent is not a remedy for breach of habitability, unless you move out. In that case, your remedy is to declare a constructive eviction and terminate the lease. You have to move out to declare a constructive eviction.

Withholding rent is appropriate where the landlord refuses to maintain the premises in accordance with the lease or statute.

Customer: replied 11 months ago.
my land lord has failed to make repairs, for over 10 years I am taking him to housing court on the 22 of this month. All repairs that should have been made have not been made.
Expert:  Loren replied 11 months ago.

Then withhold rent after giving warning and make sure to put it aside.

Customer: replied 11 months ago.
I have done that he waived one month rent due to the conditions of the apartment.
Expert:  Loren replied 11 months ago.

Then withhold rent until the repairs are made. Let him know the rent will be paid when the repairs are made.

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