New Tile Floor in Bathroom

February 1, 1997

LVT Number: 11237

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed it had replaced the floors in two bathrooms in the apartment before tenant moved in and that it was entitled to collect a rent increase for these improvements. Landlord's contractor testified that he removed an old broken floor tile and replaced it with new ceramic tile with concrete and wire lath. The floors were installed at a cost of $1,600. Court: Landlord loses. The work performed was normal maintenance and repair work.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed it had replaced the floors in two bathrooms in the apartment before tenant moved in and that it was entitled to collect a rent increase for these improvements. Landlord's contractor testified that he removed an old broken floor tile and replaced it with new ceramic tile with concrete and wire lath. The floors were installed at a cost of $1,600. Court: Landlord loses. The work performed was normal maintenance and repair work. The contractor was hired to remove and replace broken tile in the bathrooms. The only reason the contractor replaced the entire tile floor was because he couldn't match the color of the tile.

100 Mosholu Pkwy. Assoc. v. Hughes: NYLJ, p. 27, col. 1 (1/22/97) (Civ. Ct. Bronx; Thomas, J)

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