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I own a beauty salon in a building which I rent. Last year a…

Customer Question
Hi! I own a...

Hi! I own a beauty salon in a building which I rent. Last year a steam pipe busted in the basement totally damaging my business. The landlord did not fix the pipes and the leak continued for months. Long story short my biz insurance covered the repairs which came to $50K!!! My salon was closed for 4 months while the work was being done. I reopened a month ago and landlord is looking for rent money. I don’t have any money now since I lost all of my workers and the majority of income was from the rent I collected from them. I told him I need time to rebuild and then he can get some rent. Do I have a legal right to withhold any future rent since my insurance paid to repair the damages to his building structure? The walls and floors and ceiling had to be replaced as well as mold and mildew removal. Thanks - location in NYC

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York Star

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

NY State, but in NYC specifically

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Lease states maintenance of the storefront is my responsibility. And rent was abated during repair time

Submitted: 26 days ago.Category: Real Estate Law
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Answered in 7 minutes by:
5/29/2018
Real Estate Lawyer: Infolawyer, Lawyer replied 26 days ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 62,289
Experience: Experienced lawyer
Verified
On review of your facts, you have a good case.You can withhold strategically. A letter from you or a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it! It also may produce from the other side admissions or agreement if the other side considers risk, legal fees and time you should get the outcome you seekBy being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 26 days ago
It is not my intention to never pay rent but while I am trying to rebuild the business I need time to recoup my losses and hire some new staff. Can you write a letter stating I will pay the rent once I am fully staffed again and to leave me alone until that time.
Real Estate Lawyer: Infolawyer, Lawyer replied 26 days ago
Fair enough and it’s for leverage and get the ultimate relief you want. I can review your draft but that would need to be a separately priced matter.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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