Landlord Doesn't Have to Make Repairs in Apartment with Rottweiler Dog

March 1, 2009

LVT Number: #21071

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions in the apartment that required repair. The court ruled against landlord on the rent claim based on landlord’s failure to provide a valid lease agreement. But the court also ruled that landlord didn’t have to make repairs. Landlord and tenant had agreed to access dates to complete repairs that landlord started. But tenant wasn’t cooperating, and kept the apartment in an unsanitary and cluttered condition.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions in the apartment that required repair. The court ruled against landlord on the rent claim based on landlord’s failure to provide a valid lease agreement. But the court also ruled that landlord didn’t have to make repairs. Landlord and tenant had agreed to access dates to complete repairs that landlord started. But tenant wasn’t cooperating, and kept the apartment in an unsanitary and cluttered condition. Tenant also kept a Rottweiler dog in the apartment that prevented or limited landlord’s repair efforts. And tenant allowed the dog to urinate and defecate in the apartment.

163 Broadway Associates, LLC v. Orton: 2009 WL 427305 (Civ. Ct. NY; Kraus, J)

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