No Notice to Landlord of Defective Conditions

June 30, 2001

LVT Number: 15124

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement. The court ruled for landlord and gave tenant no rent abatement. Tenant appealed and lost. Tenant gave landlord no notice of any conditions. So tenant couldn't claim in court that any rent cut was warranted.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement. The court ruled for landlord and gave tenant no rent abatement. Tenant appealed and lost. Tenant gave landlord no notice of any conditions. So tenant couldn't claim in court that any rent cut was warranted.

Fred and Ivan Leist Special II, LLC v. Johnson: NYLJ, 6/15/01, p. 21, col. 5 (App. T.2 Dept.; Scholnick, PJ, Patterson, Rios, JJ)

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