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"I live in an uninhabitable building right now too. I consulted with 2 NYC real estate attorneys who both said that the clause you are referring to would apply: 100% of the apartment is unusable, therefore, we should not be responsible for 100% of our rent. They both said to take it to court if we have to, and that they would have a hard time seeing any judge rule that we are responsible for paying any rent during the time we cannot live in the apt. I am counting down the days until I can legally break my lease- day 9, 21 to go."?anon [Can Landlords Charge Rent While Buildings Are Uninhabitable?]