Tenant Didn’t Prove Lack of Extermination Services
Issue Date: August 2004,
Posted On: 8/1/2004
Tenant Didn’t Prove Lack of Extermination Services
315 W. 94th St. Realty Corp. v. Chavez: Index No. 99393/03 (Civ. Ct. NY; Moulton, J) [27-pg. doc.]
(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.)
Landlord sued to evict tenant for nonpayment of rent. By the time of the trial, tenant hadn’t paid rent in a year. Tenant claimed breach of the warranty of habitability. He testified that there were mice, bedbugs, and roaches in his apartment. He said he had complained to the building super at various times since 1999. Landlord and its exterminator testified that the exterminator visited the on-site management regularly for a list of units to visit. Landlord testified that it received no complaints from tenant. Tenant also presented no documentary proof, such as photographs. After a jury trial, the court ruled for landlord. Tenant didn’t prove any lack of extermination services. Landlord was awarded a judgment of $3,770 in back rent. The eviction warrant was delayed to give tenant the chance to pay.