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Posted by Dayann on July 14, 2001 at 20:44:10:

I read somewhere in real property law that a tenant can be entitled to a full or partial rent abatement if he or she can prove he or she has been constructively evicted from a portion (or all) of his or her dwelling. Does anyone know about this? I want to know if this applies to month to month tenancies, and how a tenant would prove that he or she is entitled to partial or full abatement in housing court.

My understanding is that if the conditions are so bad that they present a risk to health, life, safety, quiet enjoyment, the tenant can attempt to make a claim for damages of this kind. But I'm not sure and I'm having a real problem figuring out the case law stuff on this website.

ANy information or links would be appreciated.

Follow Ups:

• Re: Rent Abatements Provost 07/15/01 (5)
  • Re: Rent Abatements Dayann 07/15/01 (4)
    • you get exactly what you want Provost 07/16/01 (1)
      • Re: you get exactly what you want Dayann 07/16/01 (0)
    • Re: Rent Abatements SamE 07/15/01 (1)
      • Re: Rent Abatements Dayann 07/23/01 (0)

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: I read somewhere in real property law that a tenant can be entitled to a full or partial rent abatement if he or she can prove he or she has been constructively evicted from a portion (or all) of his or her dwelling.  Does anyone know about this?  I want to know if this applies to month to month tenancies, and how a tenant would prove that he or she is entitled to partial or full abatement in housing court.  

: My understanding is that if the conditions are so bad that they present a risk to health, life, safety, quiet enjoyment, the tenant can attempt to make a claim for damages of this kind.  But I'm not sure and I'm having a real problem figuring out the case law stuff on this website.

: ANy information or links would be appreciated.


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