WARRANTY OF HABITABILITY

Co-op Subtenant Gets 60 Percent Rent Abatement

July 23, 2018    

Tenant shareholder in a co-op building sued to evict subtenant for nonpayment of rent. Subtenant claimed breach of the warranty of habitability. The trial court ruled against tenant, gave subtenant a 100 percent rent...

Tenant Awarded $4,650 for Water Leak Damage

March 26, 2018    

Co-op building tenant sued landlord for property damage caused by a water leak from the upstairs apartment discovered in 2005 but not repaired until 2008. Tenant claimed that the repairs were improper and that he...

Tenant with No Gas Service Gets Rent Abatement of $20 per Day

February 15, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she withheld rent due to needed repairs and said that the apartment had no gas service for over nine months. The court ruled for tenant,...

Landlord Breached Warranty of Habitability

December 17, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord claimed that tenant had a commercial lease. The court ruled for landlord. Tenant appealed, and the...

Tenant Gets 31 Percent Rent Abatement for Apartment Conditions

November 20, 2017    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part but gave tenant a rent abatement of $808 and awarded landlord the net sum of $1,834. Landlord appealed and lost. The court...

Court Incorrectly Set Damages for Breach of Warranty of Habitability

November 20, 2017    

Tenant sued landlord for breach of the warranty of habitability. The court ruled for tenant and awarded her damages equal to a refund of 35 months of paid rent. Landlord appealed, and the case was reopened. Tenant...

Tenant Gets Rent Abatement for Foul Kitchen Odor

May 29, 2017    

Landlord sued to evict tenant for nonpayment of rent, seeking $13,000 in arrears. Tenant claimed breach of the warranty of habitability due to a foul odor coming from her kitchen almost immediately after she moved...

Tenant Gets 35 Percent Rent Abatement for Apartment Conditions

April 27, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions in the apartment that violated the warranty of habitability. After trial, the court ruled that tenant owed landlord $11,...

Tenant Gets Substantial Rent Abatement for Serious Conditions

February 27, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability, and the court gave tenant a substantial rent abatement. Landlord appealed, claiming that the abatement was...

Former Tenant Gets Rent Refund for Breach of Warranty of Habitability

January 23, 2017    

Former tenant sued landlord to recover rent paid based on her claim of breach of the warranty of habitability. The court ruled for tenant after a trial and awarded her $366.49. Landlord appealed and lost. Substantial...

Tenant Who Never Moved In Can't Claim Breach of Warranty of Habitability

December 15, 2016    

Cooperative shareholder tenant sued landlord. He claimed that when he bought the apartment in 1999, landlord knew and had approved his plan to convert the apartment’s lower level art studio into bedrooms but...

Apartment Conditions Warranted Rent Abatement

November 28, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay by a certain date and landlord agreed to make repairs. Tenant obtained...