Landlord's Claim of Unauthorized Alterations Was Too Vague

June 11, 2015

LVT Number: #26201

Landlord sued to evict rent-stabilized tenant for making unauthorized alterations to his apartment. The trial court ruled against landlord, who appealed and lost. Landlord admitted at trial that he visited tenant’s apartment only briefly and provided no details concerning the nature and extent of the claimed alterations. Landlord merely stated that he saw a new floor, new cabinets, and new appliances. This testimony was too bare, conclusory, and vague to prove a substantial violation of the “no alterations” clause in tenant’s lease.

Landlord sued to evict rent-stabilized tenant for making unauthorized alterations to his apartment. The trial court ruled against landlord, who appealed and lost. Landlord admitted at trial that he visited tenant’s apartment only briefly and provided no details concerning the nature and extent of the claimed alterations. Landlord merely stated that he saw a new floor, new cabinets, and new appliances. This testimony was too bare, conclusory, and vague to prove a substantial violation of the “no alterations” clause in tenant’s lease.

 

 

 
P.S. Lofts LLC v. Kyle: 47 Misc.3d 146(A), 2015 N.Y. Slip Op. 50724(U) (App. T. 1 Dept.; 5/15/15; Schoenfeld, JP, Hunter Jr., Ling-Cohan, JJ)

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