Tenant Was Constructively Evicted

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the apartment was uninhabitable. The court ruled for tenant, finding that tenant was constructively evicted from April 1, 2008, through July 31, 2009. Landlord appealed and lost. The trial court fairly determined that, even after landlord's completion of extensive structural repairs that required tenant's temporary relocation, tenant was unable to move back in because the apartment was left in an appalling condition, with mice infestation, "black slime" on the furniture, a foul odor, and dust and construction debris throughout. Tenant couldn't move back in until major clean-up efforts were completed nearly a year and half later.

542 East 14th Street, LLC v. Moses: 38 Misc.3d 127(A), 2012 NY Slip Op 52349(U) (App. T. 1 Dept.; 12/24/12; Schoenfeld, JP, Shulman, Hunter Jr., JJ)