Cashing rent check for less than full amount?

Question

I live in NY and several months ago, the landlord chose to do some toxic work in my apt on a weekend and gave me no notice (less than 1 hour). I had guests flying into town who were supposed to stay with me - including my 3 year old niece. The work was not done before they arrived and we were forced to check into a hotel because of the fumes. I left messages with the landlord, but never heard back. When rent time came, I deducted the cost of the hotel from the rent and included all supporting documentation. They cashed the check and have since been billing me the amount I deducted. I have heard there is a law in NY that if a landlord cashes a check, that means they accept payment in full, but can not find it in writing. Can anyone direct me to that law?

Answer 1

I would call a renter's protection company in your area - it sounds like you have more of a slum-lord than a landlord. I attached a link that could help. Good luck!

Answer 2

This doesn't sound like a very pleasant issue. At the same time, I don't think you are handling this issue correctly. You should resolve the rent and landlord-caused expenses as two seperate issues and you should get qualified expertise to ensure you are not doing something wrong yourself.

I am not from NY, so I don't know whether you should consult an attorney or a housing authority-type organization. But if you are going to fight, fight to win--don't default on your lease agreement and let the landlord mess with you legally himself.

Answer 3

That law applies if you have been filed on for non-payment, and then they accept a payment. You cannot deduct anything from your rent amount that is due monthly, not even for something like this. You should have paid the full rent and sent a certified letter to him asking for compensation.