Can my landlord sue me for back rent for the months thatmyrentalwas unlivable?

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Can my landlord sue me for back rent for the months thatmyrentalwas unlivable?

We had a few household issues that needed to be addressed including rodents, bed bugs, and various repairs. We filed a complaint with the housing authorities. He was given 30 days to fix all the issues, however, it took 3 months from the time we originally made the complaint until the time the judge ordered him to make changes. Will we be made to pay back rent?

Asked on December 29, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your landlord can always file a lawsuit against you for back rent concerning the rental that you occupied even though it was not livable and where there is a court order requiring remediation to the unit. Whether one is filed and whether the lawsuit is successful is another matter. From what you have written, it seems that given the court order issued to the landlord to fix up the unit may very well preclude him from being successful in any lawsuit against you for back rent.

Assuming you are sued, I suggest that you consult with a landlord tenant attorney.


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