Rent abatement is a provision that may be included in a commercial or residential property lease. It entitles the tenant to suspend rent payments or pay only a portion of the rent until a landlord completes property repairs. Rent abatement is designed to help residential and commercial renters, not hurt them. It is often used in regards to natural disasters, major repairs, mold, initial modifications to the space, and anything that renders the property unusable for a time. Rent abatement can be conducted in two ways: through government intervention or through an agreement between the landlord and the tenant.
Here are some key points to remember about rent abatement:
- Rent abatement is an agreement between the landlord and the tenant that provides a period of free rent.
- The abatement period takes place over the first few months of the lease, and the rent abatement usually covers the initial period of the lease.
- Rent abatement is only available if the tenant is experiencing financial hardship, or if there are problems with the rental unit that make it uninhabitable.
- Rent abatement can be asserted by a tenant in one of four ways: an affirmative cause of action for rent abatement brought by a tenant against a landlord based on the landlord’s noncompliance with the Residential Rental Agreements Act (RRAA), a counterclaim for rent abatement in the landlord’s action against the tenant for summary ejectment, a defense in the tenant’s action against the landlord for rent, or a defense in the landlord’s action against the tenant for rent.
Rent abatement is not a get-out-of-rent-free card. It is a legal process that allows tenants to stop paying rent, or to pay reduced rent, for a period of time. If youre considering using rent abatement, its important to talk to a lawyer or housing counselor first.