Trial to Determine If There Was Ongoing Rodent Infestation at Townhouse

Tenants of a townhouse sued landlord for fraud, breach of the warranty of habitability, and breach of the covenant of quiet enjoyment. Tenants claimed that the house was infested with rodents and they had moved out after being constructively evicted due to the infestation. Landlord claimed there was no rodent infestation before tenants moved in, although there had been only periodic extermination services. Landlord asked the court to dismiss the case because he made no false representations or omissions and tenants took the premises as is without any latent defect.

The court ruled against landlord, finding that there were issues of fact as to whether there was an ongoing rodent infestation when landlord marketed the townhouse for rental. The "as is" lease clause also excluded latent defects, which aren't discoverable by reasonable inspection.

Mays v. Robertshaw: Index No. 152230/2019, 2023 NY Slip Op 31060(U), NYLJ No. 1681741179 (Sup. Ct. NY; 4/4/23; Kotler, J)