Landlord Claims Tenant Denied Access to Fix Water Leaks

April 1, 2004

LVT Number: 17210

Landlord sued to evict tenant based on tenant's refusal to give landlord access to make repairs in the apartment. Landlord also claimed that tenant caused leaks to the apartments below hers. Tenant claimed that landlord refused to make repairs and that she sometimes waited for landlord to do so without his showing up. After a trial, the court ruled against landlord. Landlord had no proof that tenant was causing the leaks or allowing conditions to continue to harm the building or her neighbors' apartments.

Landlord sued to evict tenant based on tenant's refusal to give landlord access to make repairs in the apartment. Landlord also claimed that tenant caused leaks to the apartments below hers. Tenant claimed that landlord refused to make repairs and that she sometimes waited for landlord to do so without his showing up. After a trial, the court ruled against landlord. Landlord had no proof that tenant was causing the leaks or allowing conditions to continue to harm the building or her neighbors' apartments. The downstairs tenants testified that they had occasional water leaks but they had no knowledge as to why they occurred or where they began.

Gallagher v. Regan: NYLJ, 3/17/04, p. 20, col. 3 (Civ. Ct. Queens; Katz, J)

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