Rent Abatement

What it means

Rent abatement is a reduction in rent for the time a rental unit was not in good condition. If the landlord failed to make repairs and the apartment was not fully livable, a judge can order the landlord to give back some of the rent — or reduce what the tenant owes. The amount depends on how serious the problem was and how long it lasted. No heat in winter might justify a larger abatement than a leaky faucet. Rent abatement can be awarded in an HP proceeding, an eviction defense, or a separate lawsuit.

When you might hear this

This comes up when a tenant has been living with a serious problem — no heat, no hot water, mold, pests, broken plumbing — and the landlord has not fixed it. The court can reduce the rent for the period the apartment was not fully livable.

What to ask