Also known as: abate · abates · abated · abating · abatements · abatable · abater · abators · abator · abatuda · abatare · abatamentum · nuisance abatement · plea in abatement
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A reduction in the rent owed by a tenant. The reduction applies when a landlord fails to maintain the premises in a suitable condition or breaches a promise under the lease.
A reduction in the rent owed by a tenant. The reduction applies when a landlord fails to maintain the premises in a suitable condition or breaches a promise under the lease.
Select any source to read its text and confirm it supports the definition.
A reduction in the amount of devises under a will. The reduction occurs when the estate lacks sufficient assets to satisfy all devises and claims.
Select any source to read its text and confirm it supports the definition.
A reduction in the amount of devises under a will. The reduction occurs when the estate lacks sufficient assets to satisfy all devises and claims.
Each sense below has its own examples, sources, and questions.
Antonio Alvarado leased a warehouse from Anchor Bank. After the roof began leaking and damaged inventory, Antonio notified the bank but received no repairs. He continued occupying the space and paid only a reduced portion of the monthly rent to reflect the unsuitable condition.
Alan Ackerman rented an apartment from Avalon Pharmaceuticals under a lease requiring the landlord to maintain heating. When the landlord failed to repair the furnace during winter, Alan paid only part of the rent and applied the withheld amount toward portable heaters.
Arthur Abrams leased retail space from Astra Aerospace. After the landlord altered the building's common areas and blocked customer access, Arthur continued operations but paid a reduced rent reflecting the interference with his use.
Austin Abbott leased farmland from Aether Technologies. The landlord's construction activities on adjacent property repeatedly flooded the fields. Austin paid only a portion of the rent and used the difference to install drainage improvements.
Albert Allen leased an office from Anchor Bank under an agreement requiring the landlord to provide security services. After the bank stopped the services, Albert paid a reduced rent and hired a private guard until the landlord resumed performance.
Abatement reduces the rent obligation itself when the landlord breaches a duty to maintain the premises. A separate damages claim may still be available for losses beyond the rent reduction.
Supporting sources
No. A tenant may remain in possession and still obtain an abatement of rent to the extent the premises are unsuitable, while also pursuing other remedies such as damages or repair.
Supporting sources
Yes. A tenant may apply withheld rent to correct the unsuitable condition when the landlord fails to act, subject to the procedures in the applicable restatement sections.
Supporting sources
Aisha Ahmed's will left specific cash gifts to several relatives and the residue to her brother. After debts and administration expenses consumed most assets, the executor reduced the cash gifts proportionally so the residue could still be distributed.
Abatement occurs when estate assets are insufficient to pay all devises after satisfying debts and expenses. The reduction follows statutory order unless the will directs otherwise.
Supporting sources
Residuary devises abate first, followed by general devises, then specific devises, unless the will or another statute provides a different order.
Supporting sources
…changing conditions. . . . “. . . The harmless may sometimes be brought within the regulation or prohibition in order to abate or destroy the harmful. The segregation of industries commercial pursuits and dwellings to particular districts in a city, when exercised reasonably, may bear a rational relation to the…