Tenant Gets 20 Percent Rent Abatement for Persistent Water Leaks

September 25, 2019

LVT Number: #30374

Landlord sued to evict tenant of three-family house based on nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant. Tenant credibly testified that there were persistent water leaks through the ceilings of the apartment's master bedroom and living room and around the windows in her daughter's bedroom, resulting in water damage seriously affecting the habitability of those rooms. The court gave tenant a 20 percent rent abatement for an 18-month period. 

Landlord sued to evict tenant of three-family house based on nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant. Tenant credibly testified that there were persistent water leaks through the ceilings of the apartment's master bedroom and living room and around the windows in her daughter's bedroom, resulting in water damage seriously affecting the habitability of those rooms. The court gave tenant a 20 percent rent abatement for an 18-month period. 

Ketchakeu v. Secka: Index No. 48480/2018, 2019 NY Slip Op 29260 (Civ. Ct. Bronx; 8/23/19; Litwak, J)

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