Law Commons^™

Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability

Fordham Urban Law Journal

Plaintiff tenant entered into possession of an apartment with was no written lease and the rent was fixed monthly under the condition that the landlord would make certain repairs to render the premises ‘livable’. The landlord never did and tenant terminated rent payments. The landlord instituted a summary dispossess action against Berzito for nonpayment and the state district court held that the landlord was in violation of his express warranty of habitability and reduced the tenants rent but tenant still did not pay. The trial court ruled in the tenant's favor and rejected the landord's contention that by remaining in …