Former Tenant Gets Rent Refund for Breach of Warranty of Habitability

LVT Number: #27455

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 justice had been done between the parties. Tenant described loss of heat and hot water that supported the decision of the trial court to award tenant damages under Real Property Law Section 235-b.

 

 

 

 

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 justice had been done between the parties. Tenant described loss of heat and hot water that supported the decision of the trial court to award tenant damages under Real Property Law Section 235-b.

 

 

 

 

Leger v. Wentworth Management: 54 Misc.3d 128(A), 2016 NY Slip Op 51812(U) (App. T. 2 Dept.; 12/15/16; Solomon, JP, Weston, Elliot, JJ)