Tenant gets 60% rent abatement for ceiling leaks #24311.

Position:WARRANTY OF HABITABILITY
 
FREE EXCERPT

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on ongoing leaks from the ceiling of his top-floor studio apartment. At trial, tenant showed that leaks began in October 2008 and that damage continued through September 2010. The court granted tenant a 60 percent rent abatement for this period and ruled that tenant owed landlord $1,593. Landlord appealed, claiming that tenant shouldn't get any abatement for periods after April 25...

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