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TenantNet Forum Archives 1996-2002
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Rent Abatement

Posted by Peter McGill on November 14, 1997 at 09:57:02:

I live on the 5th, and top, floor of a 7 apartment building. The ceiling
of our apartment is leaking in about 5 places. In fact, I have a rug that
was ruined and my roommate has been forced to sleep on the couch because
one of the leaks is over his bed. Also, there is a leak in the living
room which is over one of the couches, so we will not be able to sit on it
either. What I want to know is, can we abate rent due to these inconveniences?
Our lease says that we an only abate rent for "unusable" space. But i think
that we could make a case that a good portion of our apartment is unusable.
By the way, the roof leaked five days ago, and we told the landlord and
super and nothing was done about it. We are planning on not paying rent
until it gets fixed, and then we won't pey the back rent, citing the
"unusable" clause.

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