Orchard Park, NY asked in Landlord - Tenant for New York

Q: Am I allowed to withhold rent in new york state due to unfixed flooding

I notified my landlord of flooding in my room in may it is the middle of June and it is still not fixed. My furniture has molded and had to be thrown out due to the flooding. I now have nowhere to sleep and the issue is not fixed. Can I legally withhold rent until they fix the flooding and give me my renter's insurance money?

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1 Lawyer Answer
Sandra M. Colatosti
Sandra M. Colatosti
  • Landlord Tenant Lawyer
  • Licensed in New York

A: You can withhold the rent. However, if the landlord takes you to court to evict you and obtain a judgment for the rent arrears, the court may award you only a partial abatement of the rent for the portion of the apartment that constituted a breach of warranty of habitability and the landlord a judgment for rent arrears for your use and occupancy of the habitable portion of the apartment.

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