Tenant Didn't Prove Partial Eviction

January 1, 2001

LVT Number: 14632

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he was evicted from part of the apartment. The court ruled against tenant. Tenant appealed and lost. Between the time tenant signed a lease and moved into the apartment, landlord partitioned off a section of one of the bedrooms and added it to the apartment next door. But the apartment was rented to tenant as is, with no specific statement about the square footage. And tenant lived there for five years and renewed her lease a number of times without complaint.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he was evicted from part of the apartment. The court ruled against tenant. Tenant appealed and lost. Between the time tenant signed a lease and moved into the apartment, landlord partitioned off a section of one of the bedrooms and added it to the apartment next door. But the apartment was rented to tenant as is, with no specific statement about the square footage. And tenant lived there for five years and renewed her lease a number of times without complaint. So tenant couldn't raise the issue now as a defense to a nonpayment case.

Blair House Assocs. v. Sanders: NYLJ, 12/12/00, p. 27, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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