Is it OK to withhold rent if a landlord isn’t helping with maintaining rodents?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it OK to withhold rent if a landlord isn’t helping with maintaining rodents?
Asked on December 7, 2012 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First of all, you give no details but I assume that you have notified the landlord of the situation and have given them a reasonable amount to time in which to resolve the matter. If so, then you have several options. The fact is that every residential lease contains an an implied "warranty of habitability". This is essentially a guarantee that a landlord gives a tenant that they will provide the tenat with a clean and safe (i.e. "habitable") premises in which to live. Accordingly, you can:
- Repair the problem and then deduct the cost from your rent;
- Terminate your lease and vacate the premises; or
- Withhold your rent until the completion of the repair.
However, before pursuing any of these remedies, you should consult with an attorney. Failure to follow proper legal procedures result in legal trouble for you, including financial liability. Also, you need to contact the health department and file a complaint.
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.