Tenant Took Apartment 'As Is'

March 1, 2004

LVT Number: 17200

Tenant sued landlord, claiming breach of the warranty of habitability. The court ruled against tenant. Tenant appealed and lost. Tenant signed a lease on April 28, 1994. The lease term began on May 1, 1994. At the time landlord and tenant signed the lease, there was substantial, ongoing repair work being done in the apartment. Under the terms of the lease, tenant agreed to a full rent abatement until landlord was able to give tenant possession of the apartment. Tenant would have to start paying rent once he moved any of his belongings into the apartment.

Tenant sued landlord, claiming breach of the warranty of habitability. The court ruled against tenant. Tenant appealed and lost. Tenant signed a lease on April 28, 1994. The lease term began on May 1, 1994. At the time landlord and tenant signed the lease, there was substantial, ongoing repair work being done in the apartment. Under the terms of the lease, tenant agreed to a full rent abatement until landlord was able to give tenant possession of the apartment. Tenant would have to start paying rent once he moved any of his belongings into the apartment. The lease also stated that tenant had inspected the apartment and was taking it ''as is'' except for certain specific repairs. Tenant moved in on May 2. Under the circumstances, the warranty of habitability didn't apply.

RST Corp. v. Meyerhoff: NYLJ, 2/13/04, p. 27, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Ellerin, Friedman, JJ)

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