Landlord Can Evict Tenant for Creating Excessive Noise
LVT Number: #27913
Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant made excessive and loud noises in the apartment that interfered with the quiet enjoyment of other tenants. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court that put tenant on probation for one year. Landlord later went back to court claiming that tenant violated the agreement. Witnesses testified that they heard drilling, vibrating, and "pornographic" noises from movies being played in tenant's apartment at all hours of the day and night. The court ruled for landlord, finding that tenant could be evicted. Tenant appealed and lost. Landlord proved that tenant materially breached the settlement agreement and was entitled to proceed with eviction.
Seacove 1, LLC v. Vaizburd: 56 Misc.3d 139(A), 2017 NY Slip Op 51087(U) (App. T. 2 Dept.; 8/18/17; Pesce, PJ, Weston, Aliotta, JJ)