Objectionable Conduct of Tenants' Son

July 31, 1995

LVT Number: 9926

Landlord sued to evict tenants based on the objectionable conduct of their son. Landlord and tenants signed a stipulation agreeing that the son would behave. Landlord agreed to give tenants two days' notice of any violation; the son would then have five days to move out or the case could be brought back to court. Landlord notified tenants that their son had committed a crime in violation of the stipulation. Landlord then asked the court to proceed with the eviction case. The court refused and landlord appealed. The appeals court ruled against landlord.

Landlord sued to evict tenants based on the objectionable conduct of their son. Landlord and tenants signed a stipulation agreeing that the son would behave. Landlord agreed to give tenants two days' notice of any violation; the son would then have five days to move out or the case could be brought back to court. Landlord notified tenants that their son had committed a crime in violation of the stipulation. Landlord then asked the court to proceed with the eviction case. The court refused and landlord appealed. The appeals court ruled against landlord. Tenants' son was arrested when he committed the crime and had since been in jail. So he had vacated the apartment in compliance with the stipulation and there was no reason to evict tenants.

Mexico Leasing Corp. v. Cameron: NYLJ, p. 33, col. 6 (7/7/95) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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