Also known as: abatement · abate · abated · abating · abatement doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An abatement of the rent to the extent prescribed in § 11.1 of the Restatement (Second) of Property: Landlord and Tenant.
An abatement of the rent to the extent prescribed in § 11.1 of the Restatement (Second) of Property: Landlord and Tenant.
Select any source to read its text and confirm it supports the definition.
A reduction in the shares of devisees to satisfy a pretermitted child's share or estate claims, applied in the order directed by statute or the testator's intent.
Select any source to read its text and confirm it supports the definition.
A reduction in the shares of devisees to satisfy a pretermitted child's share or estate claims, applied in the order directed by statute or the testator's intent.
Each sense below has its own examples, sources, and questions.
North Precision leased a factory with three production lines from Sigma Works at a fixed monthly rent. An electrical fault made one line unusable for five months. North Precision continued operating the other lines but sought relief for the lost capacity. The court ordered an abatement of the rent to the extent prescribed in § 11.1 for the repair period.
Metro Freight leased a warehouse from Harbor Terminal for intermodal transfers. The landlord later blocked direct rail access before possession began. Metro Freight affirmed the lease and obtained an abatement of the rent to the extent prescribed in § 11.1 reflecting the lost spur access.
Everett leased fifty acres and a barn from Jaime. Heavy rains flooded twenty acres and made the barn unusable for four months. Everett continued farming the remaining land but withheld a portion of the rent. The court granted an abatement of the rent to the extent prescribed in § 11.1 based on the flooded portion and storage facility.
Horizon University leased three classrooms from Alan. The central heating system failed in winter, leaving two rooms below safe temperatures. Horizon consolidated sessions into the remaining room and withheld part of the rent. The court ordered an abatement of the rent to the extent prescribed in § 11.1 reflecting the two unusable classrooms.
A tenant leased premises relying on the landlord's promise to maintain certain facilities. The landlord failed to perform, reducing the usable value of the space. The tenant continued occupancy but paid reduced rent. The court applied an abatement of the rent to the extent prescribed in § 11.1 until the landlord fulfilled the obligation.
The rent is reduced to the proportion that the fair rental value after the event bears to the fair rental value before the event. This objective market measure applies until the condition is cured or the lease ends.
Supporting sources
Yes. When the premises are unsuitable on the date the tenant is entitled to possession due to the landlord's fault, the tenant may affirm the lease and seek abatement along with other remedies without first entering.
Supporting sources
No. Partial impairment that lowers fair rental value supports proportional abatement even if some portions remain functional, as shown in cases involving one inoperable production line or flooded acreage.
Supporting sources
After the testator's death, a child omitted from the will claimed a statutory share. The estate lacked sufficient assets to satisfy all devises in full. The court reduced the shares of the existing devisees ratably to fund the child's entitlement under the prescribed statutory order.
When satisfying the child's statutory share, existing devisees' shares are reduced according to the order in the probate code, preserving the testator's plan to the extent possible.
Supporting sources
…Coal Co. v. Mahon , 260 U. S., at 416. The Court’s opinion in this case demonstrates that the danger thus foreseen has not abated. The city of New York is in a precarious financial state, and some may believe that the costs of landmark preservation will be more easily borne by corporations such as Penn Central than…