Tenant Waited Too Long to Claim Damages from Flooding

May 31, 2007

LVT Number: 19645

Former tenant sued landlord in small claims court for damage caused by four separate apartment floods. Tenant claimed landlord owed her $2,100 for carpet replacement, other property damage, and laundry costs. The court ruled against tenant. In September 2006, landlord gave tenant a $1,065 rent abatement and $500 for carpet replacement. Tenant made no further claim for payment from landlord for three months after she accepted a full rent credit. Tenant had obtained substantial justice through landlord's payment and had waived any further claim.

Former tenant sued landlord in small claims court for damage caused by four separate apartment floods. Tenant claimed landlord owed her $2,100 for carpet replacement, other property damage, and laundry costs. The court ruled against tenant. In September 2006, landlord gave tenant a $1,065 rent abatement and $500 for carpet replacement. Tenant made no further claim for payment from landlord for three months after she accepted a full rent credit. Tenant had obtained substantial justice through landlord's payment and had waived any further claim.

Miranda v. B. Gans Management, Inc.: NYLJ, 5/22/07, p. 23, col. 3 (Justice Ct. Westchester; Shapiro, J)

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