Landlord Didn't Paint Bathroom Ceiling

May 31, 1998

LVT Number: 12414

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there were a number of conditions amounting to a breach of the warranty of habitability. The court granted tenant a rent abatement of $1,300. Landlord appealed, and the appeals court reduced the rent abatement to $220. Landlord responded to tenant's request for bathroom ceiling repairs, but didn't come back to paint the ceiling after making the repairs. Landlord made all other required repairs. Tenant was entitled to only a 5 percent rent abatement for the unpainted ceiling.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there were a number of conditions amounting to a breach of the warranty of habitability. The court granted tenant a rent abatement of $1,300. Landlord appealed, and the appeals court reduced the rent abatement to $220. Landlord responded to tenant's request for bathroom ceiling repairs, but didn't come back to paint the ceiling after making the repairs. Landlord made all other required repairs. Tenant was entitled to only a 5 percent rent abatement for the unpainted ceiling.

Canada Leasing Corp. v. Janeill: NYLJ, p. 33, col. 1 (5/4/98) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

Topics

More like this