Non renewal due to building being declared non-inhabitable. Rent still due until move out?

I just got the 90 day non-renewal notice in the mail. My landlord is choosing to non renew because we had an inspection from the city and we didn't pass due to pre-existing issues that were present before we moved in and the landlord cannot afford to make the necessary repairs. Are we still required to pay rent during this 90 day period? I have looked online and seen that TYPICALLY with a non renewal rent is indeed due, but with the case of the building not passing inspection due to the landlord's own inability to upkeep I figured it may make a difference?

I can't even conceive why you would think you might get to live rent free.

How about because the building not passing inspection is on the landlord? IDK, I was just asking. No need to be a dick.

jthomas88 said:

we didn't pass due to pre-existing issues

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What SPECIFIC items did not pass inspection?

List them all please.

No way to answer your question without the list.

Also, are you in NYC? Rent control or not?

Things like leaks (and structural damage caused by such), mold, and electrical issues. I myself don't have the full list as that went to the landlord.

I added to my question after you posted.

Again, NYC? Or where?

Rent controlled? Or not.

Buffalo and no, not rent controlled.

jthomas88 said:

No need to be a dick.

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Et tu....

The following article gives you a great deal of information about NY's Warranty of Habitability.


You can read the statute section 235-B at:


You can read the case decision referred to in the article (Park West Management Corp v Mitchell) at:


So, does all that give you the right to quit paying rent while you remain there for the next three months?

Well, you and anybody else, have the ability to withhold rent, but it doesn't come without risk. The obvious risk being that your landlord doesn't agree with your opinion as to habitability standards and files an eviction lawsuit for non-payment. You certainly don't want that on your record. On the other hand he might not. No way to predict. No guarantee that there would be no consequences. It's a gamble.

Other options include, but might not be limited to, asking for a rent abatement, asking for an early termination. If he says no, then you get to decide whether to take unilateral action.

A word of caution. Habitability issues arise when the condition of the property is so bad that it effects the health and safety of you and your family badly enough that you are compelled to pack up and get out right now. That the place is run-down and doesn't meet code is not that.

Study up and think carefully about what you do next.