I have a condo in a high rise building in Jersey City. Hurricane Sandy damaged the pumps in the building and they all had to be replaced. For three weeks there had been WARM water (not hot) and heat in the building. My tenant said that he was unable to take a shower and had to stay at a different place. Now he wants me to adjust his rent ( I haven't discussed the detales with him yet). The only thing I told him that we all in New Jersey had been affected by the hurricane. Some of the people I know lost their houses , cars etc.
Am I supposed to make an adjustment? He said he wants to work this out instead of sewing me if I refuse.
Family Law Attorney
He would absolutely be entitled to a rent adjustment if the property was not habitable for some or all of the month. If you had done something to affect the hot water, again, he probably would be entitled to an adjustment. Difficulties caused by Sandy, however, might result in a different answer. As you say, the storm affected everyone. I don't know if a Judge would allow a rent adjustment because the storm affected the hot water. You could agree to reduce the rent if you wished, but I can't say that you have to do so.
If you think this post was helpful, please check the "good answer" button below! NOTE: This answer is made is for advisory and/or educational purposes only. By using or participating in this site, or posting a question and obtaining an answer, you understand that no attorney-client relationship is being established between you and the answering attorney, and there is no attorney-client privilege between you and the attorney. You should consult with a licensed professional attorney in your state. The law changes frequently and varies from state to state. The information provided in this answer is designed to be general in nature and is based on the facts stated in your question, and might change based on further information.
Trademark Application Attorney
While some understanding should be expected when so many people have been affected by the storm, landlords are treated as businesses and as such, it is their responsibility to shoulder the burden of restoring premises to a habitable condition.
If there is continually no hot water to take a shower on the premises you are renting out, the value of these premises has dropped. I am sure that if the apartment's value increases for some reason (like a celebrity moves in), you would have no problems raising the rent.
Your tenant's suggestion sounds reasonable and it is within his rights to demand that the new value of the premises offered be reflected in the rent. Businesses are supposed to offload some of this risk by taking out insurance rather than shifting the responsibility to tenants.
Communications through this website are provided solely for informational and educational purposes and do not constitute legal advice or legal opinions. Transmission of this information is not intended to create, and does not form an attorney-client relationship. You should not act or rely on any information contained in this website without first seeking the advice of an attorney under auspices of confidentiality. For more information visit www.mitevalaw.com