Landlord Didn't Provide Habitable Apartment

January 1, 1998

LVT Number: 12063

Tenant sued landlord for refund of his security deposit. Landlord had agreed in writing that the apartment would be ready for occupancy on June 15, 1995, and, if it wasn't ready, tenant's security deposit would be refunded. Tenant claimed the apartment wasn't habitable on the move-in date, so he never moved in. Landlord claimed that tenant agreed orally to move in despite the condition and in fact did move in. The trial court ruled for tenant, and landlord appealed. The appeals court ruled against landlord.

Tenant sued landlord for refund of his security deposit. Landlord had agreed in writing that the apartment would be ready for occupancy on June 15, 1995, and, if it wasn't ready, tenant's security deposit would be refunded. Tenant claimed the apartment wasn't habitable on the move-in date, so he never moved in. Landlord claimed that tenant agreed orally to move in despite the condition and in fact did move in. The trial court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The lower court found tenant more believable than landlord after a fair hearing of proof from both sides.

Huddleston v. Kline: NYLJ, p. 32, col. 6 (12/5/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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