Former Tenant Claims Breach of Warranty of Habitability
LVT Number: #32454
Landlord, the owner of a condominium unit, sued tenant after tenant broke the lease and moved out of the apartment in December 2018. Tenant's one-year lease term started in August 2018 at a monthly rent of $19,500. Tenant claimed that the unit was in an uninhabitable condition after many issues remained unrepaired months after he moved in. Tenant claimed that the unit's wood flooring was buckled in three areas and that landlord knew this when tenant moved in. The unit's air conditioner was inoperable, the refrigerator and washer were moldy, and the dryer had a broken door handle. Landlord also had told tenant that he could add a tension wall to create a fifth bedroom in the unit, but, after he moved in, the condo board rejected tenant's request to do so.
Landlord sought $239,400 in unpaid rent from former tenant. Landlord advertised the vacant unit sometime toward the spring of 2019 and rented the apartment in August 2019. Landlord asked the court to rule in its favor without a trial.
The court ruled against landlord. Tenant had raised several issues of fact concerning the warranty of habitability, and fact-finding by the court was needed.
Zar Realty LLC v. Xia: 77 Misc.3d 1225(A), 2023 NY Slip Op 50036(U)(Sup. Ct. NY; 1/6/23; Lebovits, J)