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Poyck

In: Business and Management

Submitted By cafegal101
Words 2329
Pages 10
This case involves Peter Poyck verses Stan and Michelle Bryant. Poyck was an owner and landlord of a condominium unit, No. 5-D, located in a building at 22 West 15th Street, New York City. Poyck leased his unit to the Bryants and after three years of the tenants living there; they decided to sign another two-year lease. A few months into the new lease, new neighbors moved in next-door, unit No. 5-C. The new neighbors were smokers and constantly smoked in the fifth floor hallway, a common area, and in their apartment. The secondhand smoke penetrated into the Bryants unit causing them to complain to the building’s superintendent. The superintendent spoke with the smokers, but they refused to listen. The smoking continued so the Bryants decided to contact their landlord, Poyck, to see if he could rectify the issue. Poyck took no action; therefore, the Bryants vacated the premises with sixteen months still left on their lease. Poyck, the plaintiff, sued the Bryants, the defendants, for the unpaid rent. The Bryants argued that the secondhand smoke breached the implied warranty of habitability and thus caused constructive eviction. Constructive eviction is used in the law of real property to describe a circumstance in which the landlord does something or fails to do something that he has a legal duty to provide rendering the property uninhabitable. The landlord made a motion to strike the Bryants’ defense of breach of the implied warranty of habitability and constructive eviction. (Cheeseman, pg. 774) The facts of this case are that the Bryants were good tenants for three years and signed a new lease; unfortunately, new neighbors moved in and prevented them from living a quiet and enjoyable life. There are certain duties that landlords owe their tenants. The law says a covenant of quiet enjoyment is given to the tenants which means the landlord can…...

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... Implied Warranty of Habitability: Poyck v. Bryant Abstract Secondhand smoke is becoming a nuisance to many in our society. This is an ever-growing problem with residents that live in multi-unit dwellings as smoking occurs in common areas and is transmitted through to adjacent living spaces. In the case that follows, you will see how this issue is resolved between a landlord and tenant. The concepts of warranty of habitability and constructive eviction are discussed in detail. Specifically, secondhand smoke sets the stage for the next precedent for a breach of the warranty of habitability. Parties The parties involved in this case are the plaintiff, Peter Poyck, and the defendants, Stanley and Michelle Bryant. Peter Poyck owns condominium unit No. 5-D, which is located at 22 West 15th Street in New York City. He leased this condominium to his tenants, the Bryants. Stan and Michelle enjoyed their tenancy there for three years from 1998 to December 31, 2000. They decided that they would renew their lease another 2 years from January 1, 2001 to December 31, 2002. The Bryants agreed to pay $2, 597 per month in rent. Michelle was recovering from a second cancer surgery two months into their second tenancy. She also suffers from an allergy to smoke (Peter Poyck, Plaintiff, v Stan Bryant et al., Defendants, 2012). Facts Stan and Michelle leased their condominium from Peter Poyck. They lived there for 3 years and then decided to lease it for another 2 years. Two......

Words: 2566 - Pages: 11