Provided by:  Jennifer Kirschenbaum, Esq.

 

March 5, 2019

 

 

Question: 


Hi Jennifer,

I have a premises problem; leaks and ceiling and floor damage.  I am sick of asking for relief from my landlord.  I should not have to keep paying rent. Can I set off/withhold? 

Thanks, Dr. L

Answer:
 
Two wrongs do not make a right.  While the Landlord may be in default of the lease by not correcting a leak or other damage (depends on the language of your lease if that is the case), you will most certainly be in default by failing to pay rent.  Default for non payment will likely (quickly) result in an eviction proceeding, which in Landlord / Tenant court is one of the faster reliefs granted through the court system.  I recommend you try another way than rent withhold.  Engage counsel and start with a legal letter demanding lease compliance, and then if no response, we can discuss recourse for default.  
 


Zoc Doc update?

Anyone have updates for the group on updated pricing conversations??