Tenant Complained About Second-Hand Smoke

February 1, 2011

LVT Number: #23184

Landlord sued former tenant for $12,000 in unpaid rent after tenant broke her lease and moved out several months before her lease expired. Tenant claimed that landlord owed her money for rent paid and property damage to clothing. The court ruled against both landlord and tenant. Landlord failed to resolve tenant's complaints of cigarette smoke coming from the apartment below her, and its attempts to caulk and seal vents were inadequate. This justified a two-month rent abatement for a breach of the warranty of habitability.

Landlord sued former tenant for $12,000 in unpaid rent after tenant broke her lease and moved out several months before her lease expired. Tenant claimed that landlord owed her money for rent paid and property damage to clothing. The court ruled against both landlord and tenant. Landlord failed to resolve tenant's complaints of cigarette smoke coming from the apartment below her, and its attempts to caulk and seal vents were inadequate. This justified a two-month rent abatement for a breach of the warranty of habitability. The court also said that tenant should get her security deposit back. So neither side owed the other any money at this point, and the case was dismissed.

Upper East Lease Associates, LLC v. Cannon: 30 Misc.3d 1213(A) (Dist. Ct. Nassau; 1/20/11; Ciaffa, J)

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