No Proof Tenant Advised Landlord of Apartment Conditions

April 23, 2015

LVT Number: #26125

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and dismissed tenant's claim. Tenant appealed and lost. The trial court fairly determined that tenant presented no proof that he had told landlord between 2004 and 2009 that repairs were needed. Complaining in general terms about conditions in the apartment, especially the bathtub, was insufficient to put landlord on notice of the alleged flooding condition tenant based his habitability claim on.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and dismissed tenant's claim. Tenant appealed and lost. The trial court fairly determined that tenant presented no proof that he had told landlord between 2004 and 2009 that repairs were needed. Complaining in general terms about conditions in the apartment, especially the bathtub, was insufficient to put landlord on notice of the alleged flooding condition tenant based his habitability claim on.

386 Ft. Washington Realty LLC v. Brenes: 46 Misc.3d 150(A), 2015 NY Slip Op 50286(U) (App. T. 1 Dept.; 3/9/15; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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