Ask Altagracia: I had to hire an exterminator. Can I deduct the cost from my rent?
- Notify your landlord in writing before paying for repairs or pest control services
- Improper notice or withholding rent means your landlord can sue in housing court
Withholding rent can bring the landlord to the table to discuss an abatement but it may also trigger a non-payment case in housing court, so proceed with caution.
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I’ve been paying for an exterminator because the landlord isn’t dealing with a pest problem in my apartment. Can I deduct these costs from my rent payment?
The correct way to deal with this issue is to reach out in writing to your landlord about the problem before you pay for any pest control services.
“You can make repairs and deduct reasonable costs but you would need to give proper notice and should have copies of all your communications with the landlord as well as receipts for the work,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords.
Give timely written notice first
Your lease spells out how written notice should be delivered to your landlord. You need to review the notice provision section of your lease and follow those instructions precisely. “If the lease says a notice needs to be sent by certified mail, then it would be a defective notice if you sent an email,” Pierre-Outerbridge said.
Some landlords may acknowledge or approve repairs over email but the correct notice will be relevant if the case is ultimately litigated in housing court. The notice—identifying the problem and seeking a solution—is important because the landlord may opt to do the work themselves.
“It’s not commonplace for tenants to do this type of work because it is not their property,” Pierre-Outerbridge said.
When reimbursement becomes a rent abatement
If a landlord has been notified, fails to act, and you’ve paid for an exterminator out of your own pocket, any attempt to recover that cost is considered a request for a rent abatement.
In these situations, Pierre-Outerbridge often advises clients to withhold enough rent to prompt a response from the landlord. “If you are going to withhold a dollar and it is disputed, then you might as well withhold the whole thing,” she said.
Simply sending a notice to the landlord that you intend to deduct repair costs does not mean they agree to reimburse you. “If there is no agreement, why pay at all?” Pierre-Outerbridge asked. “Why not keep your leverage by withholding rent completely until you have an agreement?”
“You lose leverage by paying what you think is fair and can still end up in court,” she explained
Understand the risk
Withholding rent can bring the landlord to the table to discuss an abatement. However, it may also trigger your landlord to file a non-payment case in housing court. If that happens, a housing court judge will ultimately decide whether the conditions justified an abatement—and how much rent can legally be withheld.
Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.
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