No Fees to Landlord for Nonpayment Case

May 31, 1995

LVT Number: 9721

Landlord sued to evict tenant for nonpayment of rent. The court ruled in part for landlord, awarding back rent of $4,700. But it also gave tenant a $700 rent abatement for breach of the warranty of habitability. Landlord then sought attorney's fees. The court ruled against landlord. Tenant apparently withheld rent to force landlord to cure a breach of the warranty of habitability. The conditions in question existed for seven months, from when tenant moved in through January 1995. So tenant got a $100 abatement from his $2,300 rent for each month.

Landlord sued to evict tenant for nonpayment of rent. The court ruled in part for landlord, awarding back rent of $4,700. But it also gave tenant a $700 rent abatement for breach of the warranty of habitability. Landlord then sought attorney's fees. The court ruled against landlord. Tenant apparently withheld rent to force landlord to cure a breach of the warranty of habitability. The conditions in question existed for seven months, from when tenant moved in through January 1995. So tenant got a $100 abatement from his $2,300 rent for each month. Neither side could be said to have won the case to the point that an award of attorney's fees was warranted.

Calayag v. Bowker: NYLJ, p. 29, col. 1 (5/24/95) (Civ. Ct. NY; Malatzky, J)

Topics

More like this