Tenant Gets 40 Percent Rent Abatement for Bedbugs

December 1, 2008

LVT Number: #20871

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $1,200 per month for the months of July through October, plus $658 for June. Tenant claimed breach of the warranty of habitability. She said that there were problems with bedbugs from the time she moved into the apartment. Tenant admitted that landlord had exterminated twice, but that the problem continued.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $1,200 per month for the months of July through October, plus $658 for June. Tenant claimed breach of the warranty of habitability. She said that there were problems with bedbugs from the time she moved into the apartment. Tenant admitted that landlord had exterminated twice, but that the problem continued. Because of the bedbugs, tenant said that she slept at either her mother's or her boyfriend's homes, and that she kept whatever clothes or personal possessions she hadn't thrown out at these locations. The court ruled for tenant. Her testimony was believable, and management's efforts to relieve the problem weren't sufficient. The court gave tenant a rent abatement of $2,183 and gave landlord a judgment for $3,275.

Grand Review LLC v. Moore: NYLJ, 11/19/08, p. 27, col. 1 (Civ. Ct. Queens; Badillo, J)

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