Landlord Knew About Balcony Extension

April 1, 2004

LVT Number: 17265

Landlord sued to evict tenant for making illegal alterations to the apartment. Tenant had lived in the apartment since 1974 and, in 1979, enlarged an existing balcony outside his apartment. The court ruled against landlord. Landlord appealed and lost. Landlord knew about and didn't object to the construction of the balcony extension. This created a waiver of tenant's lease clause barring unauthorized alterations.

Landlord sued to evict tenant for making illegal alterations to the apartment. Tenant had lived in the apartment since 1974 and, in 1979, enlarged an existing balcony outside his apartment. The court ruled against landlord. Landlord appealed and lost. Landlord knew about and didn't object to the construction of the balcony extension. This created a waiver of tenant's lease clause barring unauthorized alterations.

H.M. Village Realty v. Caccavale: NYLJ, 3/29/04, p. 23, col. 6 (App. Div. 1 Dept.; Buckley, PJ, Nardelli, Saxe, Marlow, JJ)

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