If I had no heat for a month due to a hurricane, do I qualify for a rent abatement?

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If I had no heat for a month due to a hurricane, do I qualify for a rent abatement?

Asked on December 5, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may well be entitled to a rent credit or abatement. All rental properties come with what is known as the "implied warranty of habitability," or the obligation imposed by law on the landlord that he/she provide premises which are safely habitable and "fit for their intended purpose"--in this case, residence. A condition, such as lack of heat, which renders premises not fit for their purpose violates this warranty and can entitle the renter to a credit or abatement. If the landlord will not provide such voluntarily, your recourse would be to file a lawsuit and seek the abatement in court.


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