Tenant Gets Rent Abatement for Mice in Apartment

November 23, 2016

LVT Number: #27336

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability due to flooding and rodent problems in the apartment. The court ruled for tenant in part. Tenant presented no proof of flooding, but landlord was on notice since at least April 2015 of mice in tenant’s apartment after tenant called 311 to complain. The court ruled for landlord with a money judgment for rent arrears totalling $4,200 minus a $2,900 rent abatement for the rodent condition.

 

 

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability due to flooding and rodent problems in the apartment. The court ruled for tenant in part. Tenant presented no proof of flooding, but landlord was on notice since at least April 2015 of mice in tenant’s apartment after tenant called 311 to complain. The court ruled for landlord with a money judgment for rent arrears totalling $4,200 minus a $2,900 rent abatement for the rodent condition.

 

 
River Park Residences, LP v. Boylan: Index No. L&T8673/16, NYLJ 1202770151371 (Civ. Ct. Bronx; 9/19/16; Breier, J)

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