Landlord Didn't Install Essential Appliances Until Midmonth

July 31, 2003

LVT Number: 16745

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant paid the first month's rent in advance. But tenant couldn't move in until landlord installed essential appliances two weeks later. The appeals court ruled for tenant. Tenant was entitled to a rent abatement for the period that the apartment wasn't ready.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant paid the first month's rent in advance. But tenant couldn't move in until landlord installed essential appliances two weeks later. The appeals court ruled for tenant. Tenant was entitled to a rent abatement for the period that the apartment wasn't ready.

Prime Residential Brooklyn IV, LLC v. Smith: NYLJ, 7/17/03, p. 23, col. 3 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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