Also known as: tax abatement · abatement · tax relief
Written by attorneys · grounded in primary & secondary sources — see below
A reduction in the amount of rent due under a lease.
Tanner Thompson leased a warehouse from Titan Industries. After the roof leaked repeatedly and damaged stored goods, Tanner stopped paying full rent and demanded a proportional reduction. The court applied the abatement rule to lower the monthly obligation until the landlord completed repairs.
Tracy Torres rented retail space from Threshold Capital. When the landlord's faulty wiring caused repeated power outages, Tracy sought and received a court-ordered reduction in rent matching the unusable square footage during the outages.
Select any source to read its text and confirm it supports the definition.
Thomas Thompson leased an office suite from True North Logistics. After the landlord removed required parking spaces, Thomas obtained an abatement that reduced rent by the percentage of lost parking value until the spaces were restored.
Talia Torres operated a clinic in space leased from Talon Security. Construction by the landlord blocked patient access for weeks. The court granted an abatement reducing rent in proportion to the days of impaired access.
Tonya Takahashi leased a storefront from Titan Industries. When the landlord failed to provide promised security lighting, Tonya received a court-ordered rent reduction covering the period of noncompliance.
Tristan Thompson leased farmland from Threshold Capital. A third party with superior title took possession of one field. The court abated rent proportionally for the lost acreage while the lease continued on the remainder.
A tenant may obtain an abatement when the landlord breaches a covenant or a condition of the premises changes due to the landlord's fault. The reduction is measured by the extent the tenant's use is impaired, as prescribed in the referenced sections on damages and rent adjustment.
Supporting sources
No. The tenant may remain in possession and still receive a proportional reduction in rent while the unsuitable condition persists. The remedy allows the lease to continue with adjusted payments rather than requiring termination.
Supporting sources
The reduction equals the extent the tenant's use or enjoyment is diminished, following the formula in the damages and rent sections cross-referenced by the abatement provisions. Courts apply the same proportion used for damages calculations.
Supporting sources
Yes. The tenant may seek abatement together with damages or an order compelling the landlord to cure the defect. The rules list abatement as one of several cumulative forms of relief available when the landlord is at fault.
Supporting sources
The Restatement provisions apply unless the parties validly agree otherwise. Courts examine whether the waiver was knowing and whether public policy permits enforcement of the clause in the specific context of the breach.
Supporting sources
…view, and to point strongly to the inference that there was no agreement, or even proposal, that the respondent should make any abatement of her legal claims, or do more than give her debtor time on the conditions expressed, "to pay such judgment." I must assume, however, that I have wrongly construed the memorandum of…