Can a tenant refuse to pay rent due to inadequate repairs?

Yes, a tenant in New York can refuse to pay rent due to inadequate repairs. According to the New York State Division of Housing and Community Renewal, when a landlord does not fix "major defects" in a rental unit, such as an overflowing toilet or a leaky roof, the tenant is allowed to withhold rent. However, the tenant must notify their landlord in writing about the repairs that need to be made, and the tenant must also provide the landlord with a "reasonable timeframe" for completion of the repairs. The tenant must also keep paying rent until the repairs are completed and must continue paying rent until a court orders them to stop. If the tenant stops paying rent before the repairs are finished, the landlord can take the tenant to court and the tenant may end up owing back rent or being evicted. Therefore, if a tenant in New York wishes to withhold rent due to inadequate repairs, they must do so carefully and within the confines of the law.

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