Also known as: abatement procedures · abatement
Written by attorneys · grounded in primary & secondary sources — see below
A remedial mechanism available to a tenant that reduces the amount of rent owed when the landlord fails to perform obligations under the lease or allows the premises to become unsuitable. The reduction is measured by the extent to which the tenant's use and enjoyment is impaired. The tenant may pursue abatement while continuing the lease and may combine it with other remedies such as damages or repair.
Adam Anderson leased a retail space from Argonaut Shipping. After several months the plumbing system failed repeatedly, forcing partial closures that cut foot traffic in half. Adam notified the landlord and continued operations while seeking relief. The court ordered an abatement of rent proportional to the lost use of the premises.
Audrey Ashton rented an office suite from Arcadia Retail. The landlord's delayed roof repair allowed water damage that rendered two rooms unusable. Audrey remained in possession and continued paying a reduced amount. The abatement was calculated to reflect the portion of space no longer suitable for its intended purpose.
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Albert Allen leased warehouse space from Atlas Ventures. A load-bearing wall developed cracks traceable to the landlord's prior alterations. Albert kept the lease in force and operated only in the unaffected area. Rent was abated to match the diminished functional square footage.
Alexandra Armstrong leased ground-floor retail from Aether Technologies. The landlord's ongoing construction on upper floors created constant noise and dust that drove customers away. Alexandra stayed in possession and paid a reduced rent. The abatement corresponded to the interference with the leased premises.
Ava Adebayo leased a commercial kitchen from Argonaut Shipping. The lease required the landlord to maintain the ventilation system, yet repairs were never performed. Ava continued operations with limited capacity and withheld a portion of rent. The abatement reflected the value of the unperformed promise.
Anita Ali leased an entire building from Arcadia Retail. A third party established paramount title to the rear parking lot, eliminating tenant access to that area. Anita remained in the building and paid reduced rent. The abatement was limited to the portion of the premises no longer available.
The reduction equals the extent to which the unsuitable condition or landlord breach impairs the tenant's use and enjoyment of the leased premises. Courts measure the impairment against the full rent obligation and apply the formula in the referenced sections to arrive at the adjusted amount.
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Yes. The tenant may affirm the lease and continue in possession while obtaining an abatement of rent. This remedy is available alongside other forms of relief such as damages or repair at the landlord's expense.
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In many provisions the abatement remedy is available when the condition results from the landlord's fault, but the core calculation of the reduction itself focuses on the resulting impairment rather than fault alone.
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Abatement is limited to the affected portion. The tenant continues paying full rent for the usable remainder while receiving a proportional reduction for the impaired space.
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…enforcement of restrictive covenants and (3) public policy. Plaintiffs clearly have standing to raise the issues of nuisance abatement and enforcement of the restrictive covenants in the subdivision indenture. Persons threatened with wrongful interference of property rights may seek injunction against a threatened…