Offensive Odors from Apartment

April 1, 2006

LVT Number: 18795

Landlord sued to evict tenant for nuisance based on offensive odors from tenant's apartment. Landlord's case was based on letters of complaint from other tenants, who testified at trial. The court ruled against landlord. Landlord appealed and lost. The incidents of nuisance cited all took place within a two-week period. The other tenants' letters also all were written within a two-week period. Photographs of tenant's apartment and testimony otherwise showed that the apartment was kept reasonably clean.

Landlord sued to evict tenant for nuisance based on offensive odors from tenant's apartment. Landlord's case was based on letters of complaint from other tenants, who testified at trial. The court ruled against landlord. Landlord appealed and lost. The incidents of nuisance cited all took place within a two-week period. The other tenants' letters also all were written within a two-week period. Photographs of tenant's apartment and testimony otherwise showed that the apartment was kept reasonably clean. So landlord didn't prove that there was an ongoing or recurring condition that constituted nuisance.

87 Realty LLC v. Shoshensky: NYLJ, 3/2/06, p. 31, col. 3 (App. T. 2 Dept.; Pesce, PJ, Golia, Belen, JJ)

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