No Lease Clause Barring Objectionable Conduct

March 1, 1999

LVT Number: 13085

Landlord sued to evict tenant for nuisance based on objectionable conduct. The trial court ruled for landlord, and tenant appealed. The appeals court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Since tenant's lease contained no clause permitting termination of the tenancy based on objectionable conduct, landlord couldn't sue to evict tenant on this basis.

Landlord sued to evict tenant for nuisance based on objectionable conduct. The trial court ruled for landlord, and tenant appealed. The appeals court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Since tenant's lease contained no clause permitting termination of the tenancy based on objectionable conduct, landlord couldn't sue to evict tenant on this basis.

Dass-Gonzalez v. Peterson: NYLJ, p. 27, col. 1 (2/11/99) (App. Div. 1 Dept.; Williams, JP, Wallach, Tom, Mazzarelli, JJ)

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