Tenant Gets 25 Percent Rent Abatement

December 21, 2015

LVT Number: #26703

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for tenant in part and awarded some rent abatement for breach of the warranty of habitability. Tenant appealed and won, in part. The appeals court increased the rent abatement to 25 percent for the period between April 1, 2008, through June 30, 2010, but awarded no increase for the later period between July 2010 and February 2014. This reduced the total back rent awarded to landlord to $73,715. 

 

 

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for tenant in part and awarded some rent abatement for breach of the warranty of habitability. Tenant appealed and won, in part. The appeals court increased the rent abatement to 25 percent for the period between April 1, 2008, through June 30, 2010, but awarded no increase for the later period between July 2010 and February 2014. This reduced the total back rent awarded to landlord to $73,715. 

 

 

LGS Realty Partners LLC v. Kyle: 49 Misc.3d 143(A), 2015 NY Slip 51643(U) (App. T. 1 Dept.; 11/18/15; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

Topics

More like this