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My landlord has not given heat or hot water in the past 5…

Customer Question
My landlord has not given...
My landlord has not given heat or hot water in the past 5 days, can I withhold rent?
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
2/17/2016
Lawyer: insearchoftheanswer, Lawyer replied 2 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,903
Experience: Lawyer; developer/owner of RE developments.
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Hi Jessica. My name is ***** ***** I look forward to helping you.

Can you provide a bit more information for me? In what state are you located? Thanks.

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Customer reply replied 2 years ago
New York
Lawyer: insearchoftheanswer, Lawyer replied 2 years ago

Thanks for your reply. Yes, you can withhold rent. With every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. Where you have a situation where you have no heat and no hot water, you are clearly not being afforded such enjoyment of the premises....and therefore the landlord would be in breach of the implied warranty of habitability pursuant to N.Y. Real Prop. Law § 235-b. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of your rental bargain due to the inhabitability. Furthermore, pursuant to , Semans Family Ltd. Partnership v. Kennedy, 675 N.Y.S.2d 489 (N.Y. City Civ. Ct., 1998), you have the right to withhold rent. Finally, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at your option, until the problem is fully remediated.

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