Is it alright if I don’t pay rent if repairs haven’t been done in 2 to 3 months?

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Is it alright if I don’t pay rent if repairs haven’t been done in 2 to 3 months?

I have called management several times about my cieling above the toilet which is now a hole that leaks water and uraine. I moved in 4 months ago; I started notifying management about 2-3 weeks after I moved in but they still haven’t fixed the problem. What concerns me is that I have a 3 year old son and I don’t want him to eat any of the sheet rock that falls from the ceiling. I’ve made 911 reports but don’t know where I should go from here.

Asked on July 4, 2012 under Real Estate Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes.  When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done and the landlord is required to respond within a reasonable time by making the necessary repairs.  When the landlord fails to respond within a reasonable time, the tenant has the following options:  The tenant can make the repairs (hire someone to make the repairs) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction.  Another alternative is to sue the landlord for breach of the implied warranty of habitability.  The situation you dsecribed is a health and safety issue which constitutes a breach of the implied warranty of habitability.  You can also contact your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.


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