If my property did not have a C/O when the lease was signed and for several months thereafter, can I obtain a rent abatement to be applied towards unpaid rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my property did not have a C/O when the lease was signed and for several months thereafter, can I obtain a rent abatement to be applied towards unpaid rent?

My landlord has started an eviction proceeding against me claiming more than $21,000 in back rent, additional rent, and attorney’s fees. However, when he made the lease a year ago, he did not have a valid C/O and did nothing to obtain the C/O until 5 months later. Can the money that he collected during this time be used to offset any monies owed in the eviction proceeding? Is there any case law where this has been granted/ utilized?

Asked on October 13, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written about, it sounds as though you entered into a commercial lease for the rental that is the subject of this question. You need to understand that under the laws of most states, there is a big distinction between commercial leases and residential leases.

The laws of most states deem tenants who enter into a commercial lease (as opposed to a residential lease) as being more sophisticated and astute. As such, there are less protections under the law for commercial tenants as opposed to residential tenants.

With respect to your question, all monies that you have paid where the presumed check has cleared for the rental are to be used as an offset for any monies claimed owed under the commercial lease. 

There is much case law in your state allowing offset credit for monies paid in a landlord tenant dispute.

Given the size of the claim, it is recommended that you retain a landlord tenant attorney to assist you in the defense of this matter.

Good luck.


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