Ask Altagracia: My landlord denies offering a rent reduction during a renovation. Can I still pay a lower rent?

[ad_1] I've emails from the owner that say my hire might be decreased throughout a renovation, however they now deny making that supply. Can I nonetheless pay a decrease hire?

It’s a typical false impression that an electronic mail or textual content from a landlord is not directly binding. Emails and texts don't represent contracts. “A lease is signed by each the tenant and the owner and any modification must be signed in the identical method as the unique contract,” stated Altagracia Pierre-Outerbridge, legal professional and founding father of Outerbridge Regulation representing residential tenants, rental house owners and landlords.

This implies to implement a hire discount that was agreed to over electronic mail or textual content, you would want to have a lease modification signed by each events forward of the renovation work.

The true concern right here is whether or not the owner will act in good religion and comply with via on their textual content message or electronic mail. “In case you are searching for authorized recommendation on this, you have already got your reply,” Pierre-Outerbridge stated.

Negotiating along with your landlord Whether or not or not there's an electronic mail alternate discussing a hire discount for renovations, you'll be able to at all times withhold hire when disruptive development work impacts the use and delight of your condo. Withholding hire might encourage your landlord to barter.

As a way to convey the owner to the desk, the quantity you deduct out of your month-to-month hire must be significant. Your aim on this state of affairs is to power the signing of an settlement on a hire abatement, so withholding $100, for instance, is probably not sufficient.

“The best way to power a battle and a decision is to withhold your complete hire,” Pierre-Outerbridge stated. The caveat right here is that it's a must to be able to be sued and struggle it out in courtroom or via an legal professional exterior of courtroom. “Leverage is commonly constructed by having an legal professional as a result of it means the owner will incur authorized charges—and also you imply enterprise,” she added.

If and if you get to courtroom, a decide will decide how helpful the unique electronic mail alternate is in your case. Both via the courtroom or in negotiation with an legal professional, the extent of abatement for the renovation work might be finalized.

You'll want to wait till you may have the written settlement from the owner earlier than you retroactively pay any of the hire you withheld.

Altagracia Pierre-Outerbridge, Esq. is the proprietor of Outerbridge Regulation P.C, focusing totally on tenant illustration. The agency represents all sides in landlord-tenant litigation and transactional issues similar to month-to-month holdovers, nuisance instances, licensee instances, harassment claims, restore instances, tenant buyouts, succession claims, DHCR overcharges and hire reductions and extra. Pierre-Outerbridge has 15 years of expertise litigating in Supreme, DHCR, and Housing Court docket. To submit a query for this column, click on right here. To contact Outerbridge Regulation P.C. instantly, name 212-364-5612 or 877-OUTERBRIDGE, or schedule a gathering as we speak.