If I have a lawsuit against the property management companythat I am renting from, can I withhold rent?

UPDATED: Aug 18, 2010

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If I have a lawsuit against the property management companythat I am renting from, can I withhold rent?

Suit involves a slip and fall.

Asked on August 18, 2010 under Real Estate Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, you cannot. One thing has nothing to do with the other.  If you are living in a rental unit than you are responsible for rental payments.  Any award or settlement that you may receive from the lawsuit is separate and apart from your rental obligation.  Additionally, until the suit is settled you can't be certain what, if any, award you may in fact receive.  Withholding rent is only advised in very specific situations and this is not one of them. At this point, continue to pay rent or the management company can start an eviction proceeding against you. 

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