Tenant Didn't Provide Access for Repairs

June 30, 2004

LVT Number: 17462

Landlord sued tenant for back rent after tenant moved out of the apartment. Tenant claimed breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. Based on landlord's and tenant's testimony, the court found that tenant didn't give landlord access to the apartment to make repairs before he moved out. So tenant couldn't seek any rent abatement for breach of the warranty of habitability.

Landlord sued tenant for back rent after tenant moved out of the apartment. Tenant claimed breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. Based on landlord's and tenant's testimony, the court found that tenant didn't give landlord access to the apartment to make repairs before he moved out. So tenant couldn't seek any rent abatement for breach of the warranty of habitability.

Callender v. Titus: NYLJ, 6/18/04, p. 25, col. 2 (App. T. 2 Dept.; Pesce, JP, Aronin, Patterson, JJ)

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