Loft Tenant's Estate Owes Back Rent

April 1, 2006

LVT Number: 18771

Landlord sued loft tenant's estate to collect back rent after tenant died. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord was entitled to collect back rent from the estate. A trial was needed to determine how much was owed. The estate couldn't claim a breach of the warranty of habitability without having sent prior notice of conditions to landlord. But the estate was entitled to payment from landlord for loft improvements made by tenant.

Landlord sued loft tenant's estate to collect back rent after tenant died. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord was entitled to collect back rent from the estate. A trial was needed to determine how much was owed. The estate couldn't claim a breach of the warranty of habitability without having sent prior notice of conditions to landlord. But the estate was entitled to payment from landlord for loft improvements made by tenant.

Moskowitz v. Jordan: NYLJ, 3/23/06, p. 25, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Andrias, Saxe, Friedman, Williams, JJ)

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