Water Leaked into Bedroom

March 1, 2003

LVT Number: 16423

Tenant sued to evict subtenant for nonpayment of rent. Tenant owed $36,500. Subtenant claimed breach of the warranty of habitability. The unit was a loft duplex under renovation when subtenant moved in. Tenant agreed at the time to finish construction of a gazebo over the area where a skylight had been removed. This was never done, and every time it rained there were serious water leaks into several rooms of the loft. Tenant also never completed a kitchen installation, although he made attempts by installing a temporary kitchen facility.

Tenant sued to evict subtenant for nonpayment of rent. Tenant owed $36,500. Subtenant claimed breach of the warranty of habitability. The unit was a loft duplex under renovation when subtenant moved in. Tenant agreed at the time to finish construction of a gazebo over the area where a skylight had been removed. This was never done, and every time it rained there were serious water leaks into several rooms of the loft. Tenant also never completed a kitchen installation, although he made attempts by installing a temporary kitchen facility. The court ruled for subtenant in part, granting her a rent abatement of $15,230. Subtenant showed that the conditions existed, that tenant knew about them and didn't act properly to correct the conditions, that the conditions threatened her health, safety, and welfare, and reduced the value of the loft.

Joseph v. Varna Trust: NYLJ, 2/13/03, p. 19, col. 5 (Civ. Ct. NY; Bedford, J)

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