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Posted by Provost on July 15, 2001 at 20:47:39:

In Reply to: Rent Abatements posted by Dayann on July 14, 2001 at 20:44:10:

You are correct about "constructive eviction". That defense applies to all apartmnts but is mostly used with rent stabilized dwellings. In a month-to-month situation, as soon as you are delivered notice to vacate, your occupancy becomes illegal if you are still there the day after you are supposed to leave.

Incidently, window guards are installed from inside the apartment. It is never necessary to use ladder. There is a window guard form that the landlord should give you so that knows if there are children in the apartment and if guards are needed. But this forms isn't given until December/January. In short, if you want window guards now, buy them for $10 at the hardware store and install them yourself with a screwdriver.

: 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 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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Comments:
: You are correct about "constructive eviction".  That defense applies to all apartmnts but is mostly used with rent stabilized dwellings.  In a month-to-month situation, as soon as you are delivered notice to vacate, your occupancy becomes illegal if you are still there the day after you are supposed to leave.

: Incidently, window guards are installed from inside the apartment.  It is never necessary to use ladder.  There is a window guard form that the landlord should give you so that knows if there are children in the apartment and if guards are needed.  But this forms isn't given until December/January.  In short, if you want window guards now, buy them for $10 at the hardware store and install them yourself with a screwdriver.

: 
: : 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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