WARRANTY OF HABITABILITY

Tenant Gets Rent Abatement for Foul Kitchen Odor

May 29, 2017    

Landlord sued to evict tenant for nonpayment of rent, seeking $13,000 in arrears. Tenant claimed breach of the warranty of habitability due to a foul odor coming from her kitchen almost immediately after she moved...

Tenant Gets 35 Percent Rent Abatement for Apartment Conditions

April 27, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions in the apartment that violated the warranty of habitability. After trial, the court ruled that tenant owed landlord $11,...

Tenant Gets Substantial Rent Abatement for Serious Conditions

February 27, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability, and the court gave tenant a substantial rent abatement. Landlord appealed, claiming that the abatement was...

Former Tenant Gets Rent Refund for Breach of Warranty of Habitability

January 23, 2017    

Former tenant sued landlord to recover rent paid based on her claim of breach of the warranty of habitability. The court ruled for tenant after a trial and awarded her $366.49. Landlord appealed and lost. Substantial...

Tenant Who Never Moved In Can't Claim Breach of Warranty of Habitability

December 15, 2016    

Cooperative shareholder tenant sued landlord. He claimed that when he bought the apartment in 1999, landlord knew and had approved his plan to convert the apartment’s lower level art studio into bedrooms but...

Apartment Conditions Warranted Rent Abatement

November 28, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay by a certain date and landlord agreed to make repairs. Tenant obtained...

Tenant Gets Rent Abatement for Mice in Apartment

November 23, 2016    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability due to flooding and rodent problems in the apartment. The court ruled for tenant in part....

Co-op Responsible for Failing to Restore Tenant's Terrace After Storm

October 21, 2016    

Cooperative shareholder tenant sued landlord cooperative corporation, claiming breach of lease and breach of implied warranty of habitability. In 2007, a storm damaged the terrace that tenant shared with next-door...

New Trial Ordered After Former Tenant Gets Full Rent Abatement for Apartment Conditions

September 23, 2016    

Landlord sued former tenant to recover five months’ unpaid rent. Tenant claimed breach of the warranty of habitability and asked for a setoff. Landlord presented documentation that violations were cured, and...

Tenant Gets 35 Percent Rent Cut for Mold Condition

August 18, 2016    

Landlord sued to evict tenant for failing to sign a renewal lease. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent owed. Landlord sought eviction when tenant failed to pay....

Tenant Gets Limited Discovery Concerning Claimed Chemical Fume Condition

April 26, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant withheld rent to pressure landlord to remedy an odor and chemical fume condition that tenant claimed existed in and around the apartment. Tenant said that...

Co-op Shareholder Tenant Gets 100 Percent Rent Abatement for Smoke Infiltration

April 26, 2016    

Co-op shareholder tenant sued co-op corporation for failing to remedy a secondhand smoke condition in her apartment. She claimed that the smoke caused her to suffer tightness in her chest, coughing, headaches, and...