N & N Red Hook, LLC v Argenti

[*1] N & N Red Hook, LLC v Argenti 2013 NY Slip Op 51319(U) Decided on August 13, 2013 Just Ct Of The Town Of Red Hook, Dutchess County Triebwasser, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 13, 2013
Just Ct of the Town of Red Hook, Dutchess County

N and N Red Hook, LLC, Petitioner,

against

Janice Argenti, Respondent



C-431-13

Jonah Triebwasser, J.

Petitioner (hereinafter "Landlord") has brought this proceeding against Respondent (hereinafter "Tenant") for a final judgement of eviction, to award to Landlord possession of the premises, for a warrant to remove Tenant from possession, for a judgement for back rent of $7,650.00 as well as an unspecified sum for reasonable attorney's fees as well as costs and disbursements.

Procedural History

This matter was set for trial on July 18 and August 5, 2013. On both occasions, Tenant asked for additional time to obtain an attorney. Over Landlord's objections, the Court granted those adjournments, but informed Tenant on August 5 that the case would not be adjourned again and set the trial for date-certain on August 12, 2013.

Tenant appeared on that date without counsel and proceeded pro se. Landlord appeared and was represented by Daniel Sullivan, Esq., of Tarshis, Cantania, et al.

The Lease

The lease (exhibit 1, in evidence) clearly indicated that the property in question was to be used for residential purposes only. In addition, it clearly stated that "[t]enant states that Tenant has read this Lease and that it incorporates all understandings, representations and promises made to Tenant by Landlord and/or Landlord's agent and that this lease supercedes all prior representations, agreements and promises, whether oral or written."

Landlord testified that he had signed the lease, that Tenant had signed the lease, and that Tenant was currently behind in the rent in the sum of $7,650.00. [*2]

Although Tenant agreed that she signed the lease (exhibit 1) Tenant testified that Landlord misrepresented the property to her in that he told her that it could be used for commercial purposes.

Implied Warranty of Habitability

Tenant testified that the premises had no working stove for cooking and that the septic system was not functioning properly, and that in essence landlord had breached the implied warranty of habitability. Tenant produced no witnesses nor any documentary evidence to support her assertions.

Decision of the Court

Without more than the Tenant's bare, unsupported assertion that the premises were uninhabitable, the Court is unable to provide a set-off against the rents for breach of the implied warranty of habitability.

As to the allegation that Landlord misrepresented the possible use of the premises to the Tenant, the Court is bound by the parol evidence rule. The parol evidence rule states that, if an agreement between two parties is made in writing, the parties may not present evidence in court of any oral or implied agreement that contradicts what is written down. The parol evidence rule can be thought of as the "four corners" rule. If a contract exists, the court must look for evidence of the contract's terms by reading what is inside the "four corners" of the paper upon which the contract is printed.

As the lease is a contract, signed by both parties, the parol evidence rules requires that the Court stick to what is written in the four corners of the document. Tenant's assertion that the rental was procured by misrepresentation is unavailing.

Therefore, it is the decision and Order of this Court that Tenant shall surrender the premises to Landlord, shall pay to Landlord back rents of $7, 650.00, and $1,000.00 in costs, disbursements and attorney's fees.

Counsel for Landlord is directed to provide to the Court, on notice to Tenant, the proposed Judgement, Order and Warrant for the Court's signature.

SO ORDERED.

Dated:Red Hook, New York

August 13, 2013

__________________________________________

JONAH TRIEBWASSER,

Justice, Town of Red Hook