Tenant Didn't Notify Landlord of Conditions Needing Repair

July 31, 2011

LVT Number: #23538

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. Tenant had failed to notify landlord of the claimed conditions needing repair. She couldn't submit proof of violations for the first time on appeal, even if her attorney failed to submit them at trial.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. Tenant had failed to notify landlord of the claimed conditions needing repair. She couldn't submit proof of violations for the first time on appeal, even if her attorney failed to submit them at trial.

Nachajski v. Siwiec: NYLJ, 7/1/11, p. 34, col. 1 (App. T. 2 Dept.; Steinhardt, JP, Golia, Riso, JJ)

Topics

More like this