One Urination Incident Not Nuisance

February 1, 2004

LVT Number: 17133

Landlord sued to evict tenant for creating a nuisance. Landlord's termination notice stated that tenant had urinated into an outdoor planter. It also pointed out that landlord had previously sued to evict tenant for the same behavior. The court ruled against landlord. Nuisance is a continuous or repeated condition that threatens the comfort and safety of other tenants and which is likely to happen again. This case was based on one new, nonviolent incident. Landlord couldn't rely on a prior, settled case in its new termination notice.

Landlord sued to evict tenant for creating a nuisance. Landlord's termination notice stated that tenant had urinated into an outdoor planter. It also pointed out that landlord had previously sued to evict tenant for the same behavior. The court ruled against landlord. Nuisance is a continuous or repeated condition that threatens the comfort and safety of other tenants and which is likely to happen again. This case was based on one new, nonviolent incident. Landlord couldn't rely on a prior, settled case in its new termination notice. Tenant was elderly, wheelchair-bound, suffered from dementia and a heart condition, and took medication that could cause him to urinate frequently. The incident occurred while his home health care attendant had left tenant alone for a few minutes. Tenant's conduct didn't rise to the level of nuisance.

Goodhue Residential Co. v. Lazansky: NYLJ, 1/20/04, p. 18, col. 1 (Civ. Ct. NY; Lebovits, J)

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