No Eviction Based on Tenant's Rude Conduct

April 30, 2005

LVT Number: 18098

Landlord sued to evict tenant for nuisance. Landlord claimed that tenant's behavior threatened others. After trial, the court ruled against landlord. Landlord appealed and lost. Tenant's behavior was rude and unpleasant, but didn't constitute a nuisance or a violation of a substantial obligation of her tenancy. The trial court reasonably determined, from proof presented, that tenant's exchanges with landlord's assistant manager amounted to a personality conflict, and that tenant didn't intend to hit or threaten him.

Landlord sued to evict tenant for nuisance. Landlord claimed that tenant's behavior threatened others. After trial, the court ruled against landlord. Landlord appealed and lost. Tenant's behavior was rude and unpleasant, but didn't constitute a nuisance or a violation of a substantial obligation of her tenancy. The trial court reasonably determined, from proof presented, that tenant's exchanges with landlord's assistant manager amounted to a personality conflict, and that tenant didn't intend to hit or threaten him. There was no threat to the safety and welfare of other tenants or to their quiet enjoyment of the premises.

D.U.3rd Realty Co. v. Stokes: NYLJ, 4/8/05, p. 31, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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