QUESTION
Am I obligated to pay rent on my apartment after a lease has expired and the roof leaked water? My lease expired in November 2011 it is now February.
Asked on Feb 07th, 2012 on Real Estate - New York
More details to this question:
My lease has expired and before resigning the lease we wanted the roof to be repaired so we did not renew the lease until the roof was fixed now we are being sent eviction notices and the roof is still not fixed. After 3 months of trying to contact the management company we get them on the phone and they cursed at my wife and hung up the phone on her. PLEASE HELP.
1 ANSWER
General Practice Attorney serving New York, NY
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If you have received an eviction notice, we recommend that you contact a lawyer to defend you. You may have a defense to the eviction. If you are in a rent stabilized apartment the landlord has the right to bring an eviction proceeding for failure to renew your lease. You may have the right to interpose a counterclaim for breach of warranty of habitability, due to the roof leak. I strongly suggest that you contact an attorney to defend you, inasmuch as your position on failure to renew the lease may not be accepted by the court.
You are probably obligated to pay a portion (at least) of rent regardless of the leak, unless you vacated due to the conditions.
Walter S. Jennings
Answered on Feb 10th, 2012 at 1:57 PM