The tenant can legally expect the leased premises and the areas within the landlord's control to be habitable at all times during the term of the tenancy. The following are some examples of a breach of the Warranty of Habitability. The general test is the value of the apartment with and without the services in question. Even though non-expert testimony is permitted to establish the reduced value, courts have not set specific amounts for particular breaches of the Warranty. However there is no guarantee that tenants will succeed in getting repairs or rent abatements, because some judges may refuse to enforce the Warranty of Habitability.
Many awards are nominal.
However, when a court finds that a landlord's breach was malicious, punitive damages may also be awarded. The court ruled that the Warranty doesn't apply to actions against a landlord for negligence. On a practical level, when tenants decide to take individual or collective action, landlords will often attempt to negotiate a settlement to avoid a court trial on the issues. Since courts usually feel that landlords should have the opportunity to make repairs, it is important to give the landlord notice. Keep a log of any verbal communications, but generally it is better to document all complaints in writing.