Tenant Gets 30% Rent Abatement for Breach of Warranty of Habitability

April 27, 2022

LVT Number: #32014

Landlord sued former tenant for unpaid rent after tenant moved out. Landlord claimed that tenant owed $7,850, and held on to tenant's $2,150 security deposit when tenant vacated. Tenant had moved out in November 2017 and claimed that the unit was infested with rodents and cockroaches, and contained mold and peeling paint. The court ruled for tenant in part, granting a 30 percent rent abatement for breach of the warranty of habitability. Tenant also was entitled to break the lease under these circumstances without owing any future rent.

Landlord sued former tenant for unpaid rent after tenant moved out. Landlord claimed that tenant owed $7,850, and held on to tenant's $2,150 security deposit when tenant vacated. Tenant had moved out in November 2017 and claimed that the unit was infested with rodents and cockroaches, and contained mold and peeling paint. The court ruled for tenant in part, granting a 30 percent rent abatement for breach of the warranty of habitability. Tenant also was entitled to break the lease under these circumstances without owing any future rent. And landlord wasn't entitled to retain tenant's security deposit for lease damages but must apply it to the remaining rent arrears.

Rogers Plaza LLC v. Sam: Index No. CV-032597-18, NYLJ 3/30/33, p.17 col.3 (Civ. Ct. Kings; 3/22/22/ Moyne, J)

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