Landlord Can't Get Access for Repairs

Landlord sent tenant a letter stating that it needed to repair sagging floors in tenant's apartment and that tenant would have to move out for four to six weeks while work was being done. Tenant refused to sign a relocation agreement, believing that it didn't adequately protect her tenancy rights, and refused access. Landlord sued tenant and asked the court to order tenant to give access immediately. The court ruled against landlord. Although landlord showed that there could be possible structural damage if the work wasn't done, there was a dispute as to what caused the damage and how to repair the floor. So it would be improper to grant a preliminary injunction forcing tenant to give access before these questions were decided.

33 Christopher Corp. v. Friedman: Index No. 106454/10, NYLJ No. 1202477575255 (Sup. Ct. NY; 12/15/10; York, J)