Bathroom Floor Damaged

December 1, 2001

LVT Number: 15484

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and found that tenant owed $11,500. Tenant appealed. The appeals court ruled for tenant in part. Tenant hadn't notified landlord of most of the conditions he claimed. But landlord knew about the damaged floor in the apartment. Landlord had broken through the floor to fix a leak to the apartment below and never fixed the floor afterward. So the appeals court gave tenant a 10 percent rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and found that tenant owed $11,500. Tenant appealed. The appeals court ruled for tenant in part. Tenant hadn't notified landlord of most of the conditions he claimed. But landlord knew about the damaged floor in the apartment. Landlord had broken through the floor to fix a leak to the apartment below and never fixed the floor afterward. So the appeals court gave tenant a 10 percent rent abatement.

Continental Gardens Apt. Corp. v. Fardi: NYLJ, 11/1/01, p.23, col. 1 (App. T.2 Dept.; Aronin, PJ, Patterson, Golia, JJ)

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