One Incident Where Tenant Forgot to Turn Off Stove Didn't Create a Nuisance

September 26, 2018

LVT Number: #28659

Landlord sued to evict tenant for creating a nuisance in his apartment. Tenant claimed that the one incident involved didn't create a nuisance. The court agreed and dismissed the case. Landlord claimed that tenant left the apartment and forgot to turn off the stove, causing a smoke condition landlord claimed was grossly negligent. Landlord claimed no other misconduct during tenant's 22-year occupancy, and didn't claim there were any injuries or property damage.

Landlord sued to evict tenant for creating a nuisance in his apartment. Tenant claimed that the one incident involved didn't create a nuisance. The court agreed and dismissed the case. Landlord claimed that tenant left the apartment and forgot to turn off the stove, causing a smoke condition landlord claimed was grossly negligent. Landlord claimed no other misconduct during tenant's 22-year occupancy, and didn't claim there were any injuries or property damage. A single incident didn't show that tenant engaged in a persistent and continuing course of conduct required to prove nuisance.

Mexico Leasing LLC v. Dabo: Index No. 53022/2018, NYLJ 8/8/18, p. 21. col. 2 (Civ. Ct. Queens; 7/26/18; Poley, J)

Topics

More like this