Does the tenant have grounds for constructive eviction?

T leased ground floor and basement in Tribeca. The lease was "AS IS". The T is responsible for all repairs to it's alterations. T is responsible for and repairs due to water damage from T use of space. LL is responsible for structural and nonstructural repairs to building caused by any causualty. T installed seamless waterproof floor in basement and ground floor. The basement floor is coming up after 2-3 years of use. T is trying to blame the damage to LL because the basement raw floor was leaking and the floor is lifting. LL says the floor in basement was dirt and no vapor barrier was used in the installation. The installation was faulty. LL's insurance adjuster said the damage was caused by the installation no vapor barrier used. Tenant remains in the space but paying no rent.

New York, NY -

Attorney Answers (1)

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Lawsuit / Dispute Attorney - Bellmore, NY
Answered

Without seeing the lease, a definitive answer is not possible, but assuming it is can be demonstrated the floor was improperly installed , the tenant's withholding the rent is a breach of the lease, and the tenant can be evicted, and, most probably, the rent can be accelerated. The tenatn here is playing a dangerous game. Both LL and Tenant should see, lease specific legal advice.

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