Apartment Flooded for Three Months

LVT Number: 9018

Landlord sued to evict tenant for nonpayment of rent. Tenant argued that he'd been forced to leave the apartment for three months due to flooding. Tenant also claimed that he couldn't return sooner because landlord had delayed in making repairs. The court granted tenant a rent abatement for the three months, and landlord appealed. The court upheld the rent abatement. Tenant proved that the flooding had forced him to move out for three months, so the abatement award wasn't excessive.

Landlord sued to evict tenant for nonpayment of rent. Tenant argued that he'd been forced to leave the apartment for three months due to flooding. Tenant also claimed that he couldn't return sooner because landlord had delayed in making repairs. The court granted tenant a rent abatement for the three months, and landlord appealed. The court upheld the rent abatement. Tenant proved that the flooding had forced him to move out for three months, so the abatement award wasn't excessive.

Naples Leasing Corp. v. Gaines: NYLJ, p. 26, col. 1 (7/15/94) (App. T., 1 Dept.; Parness, McCooe, Glen, JJ)