Prior Landlord Permitted Apartment Alterations

April 7, 2012

LVT Number: #23987

Landlord sued to evict tenant for unauthorized apartment alterations and for use of a washing machine in violation of tenant's lease. The trial court ruled against landlord, who appealed and lost. At trial, tenant proved that prior landlord had waived the lease requirement of written consent for alterations on condition that they were supervised by the former building super. The trial court found tenant's testimony more credible than that of current super, who claimed that the work was done while he was employed by landlord.

Landlord sued to evict tenant for unauthorized apartment alterations and for use of a washing machine in violation of tenant's lease. The trial court ruled against landlord, who appealed and lost. At trial, tenant proved that prior landlord had waived the lease requirement of written consent for alterations on condition that they were supervised by the former building super. The trial court found tenant's testimony more credible than that of current super, who claimed that the work was done while he was employed by landlord. The court also found that tenant didn't use a washing machine in violation of her lease.

5 Sunset Park Holdings, LLC v. Brito: 34 Misc.3d 156(A), 2012 NY Slip Op 50406(U) (App. T. 2 Dept.; 3/5/12; Pesce, PJ, Weston, Rios, JJ)

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