What to do if we rent a co-op and have been without a stove for a month now?

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What to do if we rent a co-op and have been without a stove for a month now?

There was a leak in the gas line to our apartment which we let the landlord know of. He told us to hav the super deal with everything. There has been major miscommunication with all parties involved and we have asked our landlord several times to help us deal with this issue. He has not been if much help. Due to this we have been in financial difficulties due to eatin out every single night and have spent over $500 in eating out one for the month. We asked for a discount on our rent which he said no to. As renters what rights do we have?

Asked on January 1, 2013 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may be able to recover either the amount you spent on eating out (possibly offset by what eating in would have cost; i.e. if you would have spent $100 on groceries for the same period, you might recover $400) or else a proportionate rent credit or rebate for the time you have been living without a stove. All rental units come with what is known as the "implied warranty of habitability," or the obligation imposed on the landlord to provide a rental unit which is "fit for its intended purpose"--in this case, residence. The inability to cook food negatively impacts the use and habitability of the space, and therefore likely violates the warranty. A violation of the warranty can provide grounds for compensation. If the landlord will not voluntarily provide compensation, you could try suing him, such as in small claims court.


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