Landlord Claimed Tenant Didn't Give Access for Repairs

March 1, 2011

LVT Number: #23210

Landlord sued to evict tenant, claiming that tenant breached her lease by refusing access for necessary repairs. Landlord started the case while a nonpayment proceeding was pending against tenant. In the nonpayment case, landlord told the court on Oct. 6, 2010, that no further access was needed and that all repairs were complete. But the next day landlord started the new case and said that tenant denied access on three dates in August. The court ruled against landlord, finding that landlord gained access on Aug. 31 and sought no further access.

Landlord sued to evict tenant, claiming that tenant breached her lease by refusing access for necessary repairs. Landlord started the case while a nonpayment proceeding was pending against tenant. In the nonpayment case, landlord told the court on Oct. 6, 2010, that no further access was needed and that all repairs were complete. But the next day landlord started the new case and said that tenant denied access on three dates in August. The court ruled against landlord, finding that landlord gained access on Aug. 31 and sought no further access. Since tenant was the prevailing party, landlord must pay tenant's attorney's fees.

601 W. Realty LLC v. Chapa: Index No. 86434, NYLJ No. 1202481859468 (Civ. Ct. NY; 2/2/11; Schneider, J)

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