Tenants Get 12 Percent Rent Abatement for Fleas in Apartment

Landlord sued tenants in small claims court, claiming that they breached their lease by moving out early. Tenants counterclaimed for breach of the warranty of habitability and constructive eviction. The court ruled for landlord, in part. Tenants breached their lease by moving out before the end of the lease term and by failing to pay rent due, since their lease didn't provide for early termination during their initial lease term. Tenants were entitled to a 12 percent rent abatement based on the very limited presence of fleas in the apartment. Landlord took reasonable and prompt steps to address the claimed infestation, voluntarily gave tenants a 50 percent rent abatement for one month, and eradicated the fleas within a reasonable time period. Under those circumstances, tenants weren't constructively evicted from the apartment. 

Felice v. Warf: Index No. 451/2019, 2019 NY Slip Op 29248 (City Ct. Middletown; 8/7/19; Guertin, J)