Tenant Didn't Give Landlord Prior Notice of Alleged Condition

July 31, 2003

LVT Number: 16769

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. There was no proof that tenant notified landlord of any defects in the apartment. And a recent settlement agreement in a prior nonpayment case didn't set forth the existence of any conditions in need of repair.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. There was no proof that tenant notified landlord of any defects in the apartment. And a recent settlement agreement in a prior nonpayment case didn't set forth the existence of any conditions in need of repair.

New Franconia Assocs. v. Popper: NYLJ, 7/15/03, p. 18, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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