What to do if my tenant does not want to pay rent for days of emergency construction?
Question Details:
I am a landlord of a studio loft in Manhattan. About 6 months ago a pipe leaked from my apartment to my downstairs neighbor. Immediately we shut the water off and gutted the bathroom. The building gave the tenant access to an empty apartment, just down the hall to shower and use toilet and I believe that she even slept there some nights. The construction lasted 10 days. The tenant never complained once. Now, the tenant has just told me that she has spoken to her lawyer and she will not pay rent for those 10 days and hat she is entitled to a rebate.
The tenant is referring to what is known as a constructive eviction. Generally, if a portion of her apartment is unusable due to some defect then she is entitled to an abatement of rent proportionate to the amount of unusable space. Since you provided an alternative for the tenant it is a triable issue of fact. Depending on the amount of rent due it may be more costly to try the issue than to allow the abatement.
