Nuisance Case Not Based on Any Lease Provision

January 1, 2008

LVT Number: #20101

Landlord sued to evict co-op tenant, who held proprietary lease, for creating a nuisance. Landlord claimed that tenant was maintaining her apartment in an unsanitary condition. Tenant asked the court to dismiss the case, claiming that landlord's termination notice didn't claim that any provision of tenant's lease had been violated. In response, landlord admitted that the case wasn't based on a breach of the lease, or on the proprietary lease between the parties. Landlord argued that the case was based on nuisance. The court ruled for tenant.

Landlord sued to evict co-op tenant, who held proprietary lease, for creating a nuisance. Landlord claimed that tenant was maintaining her apartment in an unsanitary condition. Tenant asked the court to dismiss the case, claiming that landlord's termination notice didn't claim that any provision of tenant's lease had been violated. In response, landlord admitted that the case wasn't based on a breach of the lease, or on the proprietary lease between the parties. Landlord argued that the case was based on nuisance. The court ruled for tenant. Landlord didn't base its case on any lease clause prohibiting objectionable conduct by tenant. Without such a provision, landlord had no authority to terminate the tenancy or start the eviction proceeding.

Joint Approach HDFC v. Mahoney: NYLJ, 12/19/07, p. 30, col. 1 (Civ. Ct. Kings; Kraus, J)

Topics

More like this