Tenant Had Excuse for Not Paying Rent

May 31, 1999

LVT Number: 13246

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Although landlord had brought eight nonpayment cases against tenant, in at least five of those cases tenant raised a legitimate defense based on a breach of the warranty of habitability. So landlord couldn't say that tenant's conduct was a significant lease violation of his obligation to pay rent.

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Although landlord had brought eight nonpayment cases against tenant, in at least five of those cases tenant raised a legitimate defense based on a breach of the warranty of habitability. So landlord couldn't say that tenant's conduct was a significant lease violation of his obligation to pay rent.

Mill Rock Plaza Assocs. v. Edelbaum: NYLJ, p. 26, col. 2 (5/25/99) (App. T. 1 Dept.; Parness, PJ, Freedman, J)

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