Landlord Claims Tenant Violated ‘No Alterations' Clause

July 31, 2001

LVT Number: 15135

Landlord sued to evict tenant for violating a ``no alterations'' clause in his lease. Tenant replaced kitchen appliances and installed new wood flooring, countertops, and cabinets without prior written permission. Tenant claimed that he needed to replace these defective items, which landlord had refused to repair. Tenant also claimed that water damage made this work necessary. The court ruled for tenant without a trial and dismissed the case. Landlord appealed. The appeals court ruled for landlord and sent the case back. There were questions of fact that required a trial.

Landlord sued to evict tenant for violating a ``no alterations'' clause in his lease. Tenant replaced kitchen appliances and installed new wood flooring, countertops, and cabinets without prior written permission. Tenant claimed that he needed to replace these defective items, which landlord had refused to repair. Tenant also claimed that water damage made this work necessary. The court ruled for tenant without a trial and dismissed the case. Landlord appealed. The appeals court ruled for landlord and sent the case back. There were questions of fact that required a trial.

Fleher v. Cartwright: NYLJ, 7/9/01, p. 20, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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