Tenant Gave Oral Notice to Landlord for Needed Repairs

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Tenant said that there were conditions in the apartment that warranted a rent abatement. She had told landlord about severe leaks that led to a ceiling collapse in her apartment. Landlord claimed that tenant's lease required written notice of any conditions. Therefore, tenant couldn't claim breach of the warranty of habitability. Court: Tenant wins. No written notice of apartment conditions was required to qualify for a rent abatement, and the lease clause requiring such notice is void as a matter of public policy. Tenant's oral notice to landlord for needed repairs was sufficient.

1300 Ocean Ave. Realty Corp. v. McGregor: NYLJ, 8/16/00, p. 25, col. 4 (Civ. Ct. Kings; Baily-Schiffman, J)