New York  |  Landlord & Tenant Law

Legal Question

Asked on: 12/04/09, 11:45 am

I have only had access to water in my bathroom, none in the kitchen due to pipe problems for about a month now. Washing dishes, mopping in bathtup! Landlord taking their time fixing. Do I have the right to withhold any/all rent monies? This has happened in the past with the electricity; cords running all over!...

1 Answer

Answered on: 12/09/09, 2:28 pm by Jonathan Cohen

Yes, you have the right to "repair and deduct" but only after notifying your landlord of the problem and allowing him to repair on his own. Best to complain in writing, too (with mail return receipt requested)

Repair and deduct is a legal concept whereby should your landlord threaten to evict you because you have not paid all the rent, you have a defense, saying "sure I paid the rent, but part of it paid for necessary repairs"

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