What to do if my tenant does not want to pay rent for days of emergency construction?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my tenant does not want to pay rent for days of emergency construction?

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.

Asked on February 26, 2012 under Real Estate Law, New York

Answers:

Richard Chertock

Answered 9 years ago | Contributor

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption