Prior Landlord Consented to Tenants' Alterations

Landlord sued to evict tenants for making illegal alterations to their apartment. Tenants testified that they rented the apartment from prior landlord in as is condition. Prior landlord gave tenants oral permission to alter the kitchen because it had no appliances or cabinets. Between 1980 and 1994, tenants fixed up the kitchen to make it habitable. In 1999, tenants informed current landlord that they were making further kitchen repairs. In a prior eviction case against tenants started in 2001, current landlord didn't complain about the kitchen alterations. The court ruled against landlord and dismissed the case. Landlord waited more than four years to make an illegal alteration claim. It waived any right to do so by its delay. Landlord also was barred from making this claim because prior landlord had consented to the alterations.

17 Berkeley Pl. LLC v. Morales: NYLJ, 6/16/04, p. 19, col. 1 (Civ. Ct. Kings; Chin, J)