Tenant Paid Back Rent Owed

June 30, 1996

LVT Number: 10676

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement. The court ruled for landlord and gave tenant no abatement. Tenant appealed. The appeals court ruled against tenant but stated that execution of the eviction warrant was permanently delayed since tenant had paid the back rent owed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement. The court ruled for landlord and gave tenant no abatement. Tenant appealed. The appeals court ruled against tenant but stated that execution of the eviction warrant was permanently delayed since tenant had paid the back rent owed.

Beaux Arts Properties Co. v. Dell: NYLJ, p. 25, col. 2 (6/4/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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