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24/7/365 Emergency Hotline: 631-348-1702

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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Tenant’s Rights Under the Warranty of Habitability

Every tenant has the right to live in a safe, sanitary and habitable dwelling.  It is the landlord’s responsibility to provide suitable conditions for habitation. The warranty of habitability is a law that makes the landlord or owner responsible for keeping your apartment and the building safe and livable at all times. If a landlord does not take care of the property, or make repairs when necessary, these failures may constitute a breach of the warranty of habitability.

Every tenant has the right to live in a safe, sanitary and habitable dwelling.  It is the landlord’s responsibility to provide suitable conditions for habitation. The warranty of habitability is a law that makes the landlord or owner responsible for keeping your apartment and the building safe and livable at all times. If a landlord does not take care of the property, or make repairs when necessary, these failures may constitute a breach of the warranty of habitability.

Some conditions that violate the warranty of habitability are:

  • No heat, electricity or hot water
  • Leaks or floods
  • You are unable to live in all or part of the apartment (constructive eviction)
  • Vermin, mold, or insects infestation
  • Serious structural problems such as walls cracking, floors sagging, broken windows

If the tenant created any of these issues themselves, they cannot use the warranty of habitability as a defense.  Additionally, a landlord must have had either actual or constructive notice of the condition.  This means that the tenant would have to actually inform the landlord verbally or in writing, or the landlord would have had reason to know about the condition.

Public spaces in the building in which you live are also subject to the Warranty of Habitability.  A landlord has the obligation to keep these spaces clean and in good condition, as well.

If the landlord has breached a tenant’s rights to live in a habitable environment, there are several courses of action a tenant may be able to take.

  • Repair and deduct from rent
  • Withhold the rent until the repairs are made
  • Terminate the rental agreement
  • Seek damages in court

We have handled thousands of Landlord Tenant cases.  If your landlord has breached the warranty of habitability, contact a lawyer who is experienced in landlord-tenant issues to ensure that your rights are protected.  Contact McGuire & Pelaez P.C. today at (631) 348-1702.

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Reviews

Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
Response from the owner:Thank you Edgar!
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