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Posted Feb 7th, 2012
Am I obligated to pay rent on my apartment after a lease has expired and the roof leaked water? My
lease expired in November 2011 it is now February.

Additional Details:
My lease has expired and before resigning the lease we wanted the roof to be repaired so we did not
renew the lease until the roof was fixed now we are being sent eviction notices and the roof is
still not fixed. After 3 months of trying to contact the management company we get them on the phone
and they cursed at my wife and hung up the phone on her. PLEASE HELP.
Legal Topic Area: Real Estate in NY

If you have received an eviction notice, we recommend that you contact a lawyer to defend you. You may have a defense to the eviction. If you are in a rent stabilized apartment the landlord has the right to bring an eviction proceeding for failure to renew your lease. You may have the right to interpose a counterclaim for breach of warranty of habitability, due to the roof leak. I strongly suggest that you contact an attorney to defend you, inasmuch as your position on failure to renew the lease may not be accepted by the court.

You are probably obligated to pay a portion (at least) of rent regardless of the leak, unless you vacated due to the conditions.

Walter S. Jennings


Answered on Feb 10th, 2012 at 1:57pm