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Gramatan Realty v. Morrell

Tenants' Constructive Eviction Claim Rejected; Landlord Awarded Judgment For All Rent Due

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DECISION AND ORDER

*1  Petitioner, Gramatan Realty Corp., commenced this non-payment action against the Respondents, Renee Morrell and Renata Morrell alleging that they owed $2,788.50 in rent and late charges through April 2018. Respondents did not dispute the amount sought in the petition, but claimed that they were constructively evicted, and seek an abatement for warranty of habitability issues in the subject apartment. A trial was held on April 17, 2018 and the Petitioner called as its sole witness, its Vice President, Matthew Seasonwein. Mr. Seasonwein testified that the Respondents signed a lease and moved into the subject premises on September 23, 2015. He further testified that the Respondent, Renee Morrell moved out of the apartment, prior to the lease term ending, and surrendered the keys on April 13, 2018. The lease and renewal lease between the parties was introduced into evidence as Petitioner’s 1. The tenants’ rent ledger was introduced in evidence as Petitioner’s 2. A review of the tenants’ rent ledger reflects that they owe $2,763.50 for March and April’s rent and a $25.00 late fee.

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