Withholding Rent For Mold

Summary

In New York, tenants may withhold rent if the landlord fails to maintain habitable premises. Constructive eviction occurs when a landlords actions make the property uninhabitable. Rent already paid generally cannot be recouped, but tenants may sue for damages. Consult a lawyer for personalized advice.

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I'd like to know if i can withold rent to my landlord considering we may have a constructive eviction case against her
What conditions are making your living situation uninhabitable?
Last year, we had a mold situation in our apartment so we were told we had to move out in order for the remdiation to happen. During that time we still paid rent.
Did you have to pay for your temporary accommodation during the remediation period?

In New York, tenants may withhold rent if a landlord fails to maintain habitable premises.
yes
In New York:

- Tenants can withhold rent if the landlord fails to maintain habitable premises.
- Constructive eviction occurs when a landlord's actions make the property uninhabitable.

Nearest court: New York City Housing Court, * Centre St, New York, NY *, (*) *-*.
Can i withold after i've already paid her though?
In New York, you generally cannot recoup rent already paid. However, you may be able to sue for damages. Consult a lawyer for personalized advice.