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1. You are withholding rent.
2. At the end of the second month or beginning of the
third month the landlord will bring you to Court for non-payment of
rent.
3. Let us assume your rent is $1,000 per month so you are
now withholding some $3,000 by the third month.
4. Keeping this example simple, let us say you go to trial
and prove your Breach of Warranty of Habitability.
5. The judge will now give you an abatement of between 5
and 10 percent.
6. Let us, for this example, say that you recover the 10%
abatement which is $300.
7. So the landlord is awarded the $3,000 non-payment less
your abatement leading to a net award of $2,700 for the landlord.
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The Breach of Warranty of Habitability
As a Sucker's Bet