Lease abatement

1.  Menu   SE HABLA ESPANOL, KREYOL, FRANCAIS contact@outerbridgelaw.com 212-364-5593 1877-Outerbridge  Search Home /Blog Buenas! Welcome to Outerbridge Law, how may we assist you today? posted: Jun. 03, 2025Lease abatement online In the complex world of real estate, few terms are as crucial yet as misunderstood as lease abatement. Whether you are a residential tenant facing uninhabitable conditions or a Reply

2. commercial tenant unable to access your storefront due to landlord negligence, lease abatement could be your path to legal relief. Similarly, landlords navigating property damage or disputes need to understand when lease abatement is justi?ed and how to manage it lawfully. At Outerbridge Law P.C., our team of experienced real estate and landlord-tenant attorneys has helped countless clients throughout New York resolve lease abatement disputes. In this blog, we explain what lease abatement is, when it applies, how to assert your rights, and how to protect your legal interests. What Is Lease Abatement? Lease abatement is a legal concept that allows for the reduction or suspension of rent payments when leased premises become partially or fully unusable through no fault of the tenant. It’s a remedy that acknowledges a basic principle in landlord-tenant law: tenants should not be required to pay full rent for space they cannot use. In New York, lease abatement may be claimed under contract law, landlord-tenant statutes, and the implied Warranty of Habitability in residential leases. It also often comes into play in commercial leasing, especially during unforeseen circumstances like natural disasters, government shutdowns, or building code violations. When Does Lease Abatement Apply? Lease abatement typically applies in situations where the tenant’s ability to use the property is signi?cantly impaired. Common scenarios include: 1. Fire or Water Damage If a ?re or ?ood renders an apartment or commercial space uninhabitable, the tenant may not be required to pay rent until the property is repaired.

3. 2. Government Orders A government-issued vacate order, stop-work order, or closure notice due to code violations or unsafe conditions can justify rent abatement. 3. Landlord Negligence Failure by the landlord to maintain essential services such as heat, water, or electricity may allow residential tenants to claim a rent reduction under the Warranty of Habitability. 4. Construction Interference In commercial leases, extensive construction that disrupts business operations may lead to lease abatement, especially if it violates a "quiet enjoyment" clause in the lease. 5. Pandemic and Force Majeure Recent global events, like the COVID-19 pandemic, brought lease abatement into focus. Many tenants sought rent relief due to government-imposed restrictions and closures, invoking force majeure clauses in their leases. Residential Lease Abatement and the Warranty of Habitability Under New York Real Property Law §235-b, every residential lease includes an implied Warranty of Habitability, which requires landlords to keep apartments safe, livable, and in good repair. When landlords violate this warranty, tenants may be entitled to lease abatement. Common violations include: No heat or hot water during winter months Severe pest infestations Dangerous structural conditions (e.g., collapsing ceilings)

4. Mold, toxic fumes, or water leaks Lack of essential utilities Tenants may pursue lease abatement by withholding rent or initiating a claim in Housing Court. However, it is critical that this is done under legal advice improper withholding can lead to eviction proceedings. At Outerbridge Law P.C., we assist residential tenants in asserting these rights and guide them through the proper legal channels to avoid unnecessary risk. Commercial Lease Abatement Commercial leases in New York typically include more complex language than residential ones and often outline speci?c terms under which lease abatement is permitted. This may include: Casualty clauses: Describing what happens if the premises suffer damage or destruction. Force majeure clauses: Providing relief for tenants if unforeseen events make the space unusable. Quiet enjoyment clauses: Guaranteeing the tenant’s right to use the space without substantial interference. Commercial tenants who lose access to their leased space or whose business is signi?cantly disrupted may negotiate an abatement of rent or even a lease termination. Legal counsel is essential, as commercial lease disputes can be costly and litigious.

5. How to Claim Lease Abatement Whether you're a residential or commercial tenant, there are several key steps to take if you believe you are entitled to lease abatement: 1. Document the Conditions Take photos or videos of the damage, record dates and times, and collect any communications with your landlord. 2. Provide Written Notice Notify the landlord in writing of the issue, detailing the problems and requesting repairs. Keep a copy of your correspondence. 3. Call 311 (for NYC Tenants) Report the issue to the Department of Housing Preservation and Development (HPD) if you're in a residential lease. 4. Seek Legal Advice Contact a real estate attorney to assess your rights and determine if lease abatement is appropriate. 5. File a Legal Action (If Necessary) You may ?le an HP Action in Housing Court for repairs and rent abatement, or pursue relief in civil court if the landlord fails to act. What Landlords Should Know Landlords are not powerless in lease abatement situations. Understanding your obligations and your rights can help you minimize risk and manage disputes effectively. Tips for Landlords: Maintain property regularly to avoid violations of habitability or code.

6. Respond quickly to tenant complaints, especially involving essential services. Keep thorough documentation of inspections, repairs, and tenant communications. Include clear lease provisions related to abatement, access, and remedies for property damage. At Outerbridge Law P.C., we help landlords craft enforceable leases, defend against unjusti?ed abatement claims, and resolve disputes swiftly. Case Study: When Lease Abatement Gets Litigious We represented a commercial tenant in Manhattan who experienced a massive water leak that shut down their business operations for weeks. Despite multiple complaints, the landlord delayed repairs. We successfully negotiated a three-month lease abatement and secured reimbursement for property damage. In another case, a residential tenant in Brooklyn lived without heat for nearly a month during winter. Through a Housing Court action, we obtained a rent abatement and a court order compelling repairs. These cases illustrate the value of legal representation when lease abatement issues arise. Why Choose Outerbridge Law P.C.? At Outerbridge Law P.C., we understand that lease disputes can be emotionally and ?nancially draining. Our attorneys are experienced in: Residential and commercial lease litigation

7. Warranty of Habitability claims Lease negotiations and reviews HP Actions in Housing Court Rent abatement and recovery proceedings We work diligently to protect your rights and pursue the most favorable resolution possible. Conclusion Lease abatement is a critical legal remedy for tenants and landlords alike. Whether it's due to uninhabitable living conditions or disruptions in business operations, understanding your rights under New York law is the ?rst step toward resolving the issue. If you believe you’re entitled to lease abatement or need to defend against such a claim contact Outerbridge Law P.C. today. Our skilled attorneys are ready to help you navigate the complexities of lease law with con?dence and clarity. CONTACT US Name *

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