Landlord Breached Warranty of Habitability

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord claimed that tenant had a commercial lease. The court ruled for landlord. Tenant appealed, and the appeals court reversed. Landlord then appealed to a higher court and lost. While a warranty of habitability won't be implied in a commercial lease, tenant relied on the terms of her lease, which landlord prepared and which permitted only residential use and included landlord's warranty of habitability and agreement to provide certain services, such as heat and hot water. Landlord and tenant also agreed that tenant could use the apartment for a home office. And landlord showed no unusual circumstances that would relieve it of its duty to abide by the lease terms.

46 Warren LLC v. Lynch: 2017 NY Slip Op 08317, 2017 WL 5707497 (App. Div. 1 Dept.; 11/28/17; Richter, JP, Kapnick, Webber, Oing, Singh, JJ)