Tenant Not Forced to Vacate

April 30, 1998

LVT Number: 12344

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she was forced to vacate the apartment due to landlord's breach of the warranty of habitability. The court ruled for landlord and awarded him $1,775 in back rent. Tenant appealed and lost. Tenant didn't prove at trial that there was a breach of the warranty of habitability forcing her to move out. Tenant broke her lease when she moved out, and landlord had no duty to rerent the apartment. Tenant was still responsible for rent due to landlord under her lease less money landlord received after rerenting the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she was forced to vacate the apartment due to landlord's breach of the warranty of habitability. The court ruled for landlord and awarded him $1,775 in back rent. Tenant appealed and lost. Tenant didn't prove at trial that there was a breach of the warranty of habitability forcing her to move out. Tenant broke her lease when she moved out, and landlord had no duty to rerent the apartment. Tenant was still responsible for rent due to landlord under her lease less money landlord received after rerenting the apartment.

McMorrow v. Dorian: NYLJ, p. 37, col. 4 (4/23/98) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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