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landlord tenant law in NYC

When to Withhold Rent as a Tenant

In recent years, more people are turning to renting as opposed to buying.  The advantages of this is that you don’t have to take on the huge financial responsibility of purchasing a home; the downside is that you have to live in someone else’s home.  Of course, when you rent an apartment or house, that space is your home and many times, there are no issues.  That being said, sometimes people do have problems with their landlord.


RELATED: Gary Wachtel is a New York real estate lawyer with experience in landlord tenant litigation, real estate and commercial litigation, and more.  To get in touch with him, call (212) 371-6500.


As a tenant, your main responsibility is to pay rent on time.  We’ve probably all heard of tenants refusing to pay rent, whether it’s because they didn’t have the money or they were having personal issues with their landlord.  When this happens, it may be possible for the landlord to evict the tenant.  That being said, you should know your rights as a tenant, such as when you should withhold rent.

 

The main reason why a tenant can withhold rent is if there is serious damage to the property.  There may be an argument over what is considered the landlord’s responsibility and what is considered the tenant’s.  To be the landlord’s responsibility, the damage needs to be significant and dangerous enough that the building inspector would notice it. 

 

Every state has different laws about landlord/tenant rights, which is why it’s important to hire a lawyer to help you with the landlord tenant law in NYC.  When you hire a lawyer, they will better inform you on when you are in your right to withhold rent.  In addition, they will help you provide the written notice which is required to formally request that the damage is repaired.

 

Your state law will also let you know how much of the rent can legally be withheld.  To learn more about your rights as a tenant, hire a lawyer that specializes in landlord tenant law in NYC.

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