Noisy Tenant Breached Settlement Agreement

May 31, 2002

LVT Number: 15893

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court that gave landlord the right to seek tenant's eviction if tenant didn't stop making excessive noise. Landlord later asked the court to permit eviction based on tenant's continued conduct. After a hearing, the court ruled for landlord. Tenant appealed and lost. Other tenants testified at the hearing that tenant held all-night parties, that there were continuing banging noises and blasting music, and tenant's guests were disruptive.

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court that gave landlord the right to seek tenant's eviction if tenant didn't stop making excessive noise. Landlord later asked the court to permit eviction based on tenant's continued conduct. After a hearing, the court ruled for landlord. Tenant appealed and lost. Other tenants testified at the hearing that tenant held all-night parties, that there were continuing banging noises and blasting music, and tenant's guests were disruptive. Eviction was proper under the circumstances to protect other tenants.

Roaj Realty, Inc. v. Ortega: NYLJ, 5/23/02, p. 20, col. 3 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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