Bathtub Leaks Don't Amount to Nuisance

April 30, 2004

LVT Number: 17332

Landlord sued to evict rent-controlled tenant for creating a nuisance. The court ruled against landlord. Landlord appealed and lost. Tenant was developmentally disabled, and landlord claimed that she caused water leaks from her bathtub. The court found this was an isolated occurrence that had abated by the time of the trial. So tenant's behavior wasn't the type of continuous invasion of rights needed to support a finding of nuisance.

Landlord sued to evict rent-controlled tenant for creating a nuisance. The court ruled against landlord. Landlord appealed and lost. Tenant was developmentally disabled, and landlord claimed that she caused water leaks from her bathtub. The court found this was an isolated occurrence that had abated by the time of the trial. So tenant's behavior wasn't the type of continuous invasion of rights needed to support a finding of nuisance.

S&M Enterprises v. Lau: NYLJ, 4/21/04, p. 24, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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