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

UPDATED: Dec 29, 2011

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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 He was given 30 days to fix all the issues, however, it took 3 months from the time we originally made the complaint until the time the judge ordered him to make changes.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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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 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.

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