Landlord Can't Evict Tenant for Having Overnight Guests

January 19, 2017

LVT Number: #27445

Landlord sued to evict tenant, claiming a substantial violation of the tenancy and house rules. Landlord claimed that tenant didn’t get advance permission before having overnight visitors and had overnight visits by four different people on nine various dates. Tenant asked the court to dismiss the case and argued that there was no provision in the house rules requiring guests to leave the building by 11 p.m. The court ruled for tenant. The house rules contained no specific cut-off time by which visitors must leave the building.

Landlord sued to evict tenant, claiming a substantial violation of the tenancy and house rules. Landlord claimed that tenant didn’t get advance permission before having overnight visitors and had overnight visits by four different people on nine various dates. Tenant asked the court to dismiss the case and argued that there was no provision in the house rules requiring guests to leave the building by 11 p.m. The court ruled for tenant. The house rules contained no specific cut-off time by which visitors must leave the building. Tenant therefore couldn’t be expected to take remedial action to get guests to leave by 11 p.m. unless such action was required by the lease. 

 

 

 

 

Walton Avenue Senior HDFC v. Santana: Index No. 23920/2016, NYLJ No. 1202773822475 (Civ. Ct. Bronx; 11/25/16; Lutwak, J)

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