Landlord Can Evict Tenant If Access Not Provided

Landlord sued to evict tenant for refusing to provide access so that landlord could replace the heating system located in and servicing tenant's apartment. Landlord had been replacing the original electric heaters installed in apartments in 1974. Tenant admitted at trial that he intentionally refused to give landlord access, as a form of protest to the change in the heating system. Tenant claimed that the change was an impermissible decrease in services. The court ruled for landlord. Tenant breached his lease by failing to provide access for the conversion of the heating system. Judgment of possession was awarded to landlord. To avoid eviction, tenant was given 10 days to cure by providing access to landlord. If tenant failed to give access during that time, an eviction warrant would be issued.

North Town Roosevelt LLC v. Glen: 46 Misc.3d 1209(A), 2015 NY Slip Op 50027(U)