Landlord Not Providing Habitable Apartment Due To Hurricane -- Still Responsible For Rent?
November 2, 2012 10:49 AM Subscribe
I’m currently in NY in an apartment without water, sewage, heat or electricity. I’m living elsewhere until my area gets these services back. As I understood it, an apartment without these sorts of things (not to mention the stench of sewage and sea water eating away at the belongings in the floor below and the mold that must be growing there – I think the tenants down there are simply walking away and not cleaning up) is considered uninhabitable. Aren’t renters, by law, not obligated to pay rent until these issues are fixed?
posted by anonymous to law & government (16 answers total) 1 user marked this as a favorite
(And the landlord’s recourse is to file a claim against his insurance for not just the damage, but loss of income? Sure, there was a hurricane with a large storm surge, but I don’t see how this is any more out of his control than not having sewage or heat due to any other sort of problem in the building.) I don't think I'll be able to live here for at least a month.
(The landlord owns other properties not damaged, I'm not adverse to living there for a month, even though it will require moving in this mess and a long commute. I just can't see holding up my end of the lease [paying rent] when the landlord is unable due to crazy circumstances to hold up his end [providing a habitable apartment].)
My lease is the standard New York Blumberg residential lease form with a few riders, none of which pertain to this at all. Thanks, stay warm and stay dry, MeFites.