Offensive Odors from Tenant's Apartment

July 31, 1995

LVT Number: 9927

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord and tenant appealed. Tenant claimed that landlord's notices were defective and that there was no nuisance. The appeals court ruled against tenant. Landlord's notice to cure and termination notice stated enough facts to enable tenant to prepare a defense. The notices described how tenant banged on doors, rang bells, and accumulated garbage, causing rodent infestation and offensive odors.

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord and tenant appealed. Tenant claimed that landlord's notices were defective and that there was no nuisance. The appeals court ruled against tenant. Landlord's notice to cure and termination notice stated enough facts to enable tenant to prepare a defense. The notices described how tenant banged on doors, rang bells, and accumulated garbage, causing rodent infestation and offensive odors. The offensive odors constituted a nuisance by creating a condition that threatened the comfort and safety of others in the building.

Brand v. Sell: NYLJ, p. 25, col. 1 (7/13/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen)

Topics

More like this