Tenant Entitled to Rent Abatement for Partial Eviction

LVT Number: 15896

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed partial eviction and asked for a rent abatement. The court ruled for tenant. Landlord had withheld rent starting in December because the boiler didn't work. Landlord replaced the boiler and then locked the basement. This blocked tenant from access to property she had stored there. Landlord said it would unlock the basement when tenant paid the rent. Tenant then gave landlord proper notice that she was moving out at the end of February. So tenant didn't owe rent for more than three months.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed partial eviction and asked for a rent abatement. The court ruled for tenant. Landlord had withheld rent starting in December because the boiler didn't work. Landlord replaced the boiler and then locked the basement. This blocked tenant from access to property she had stored there. Landlord said it would unlock the basement when tenant paid the rent. Tenant then gave landlord proper notice that she was moving out at the end of February. So tenant didn't owe rent for more than three months. And, since landlord had locked tenant out of the basement, there was a partial eviction. Tenant was entitled to a rent abatement with triple damages. So tenant owed no rent.

Zappia v. Poliseno: NYLJ, 5/15/02, p. 22, col. 5 (Dist. Ct. Nassau; Gartner, J)