Tenant Bangs on Ceiling All Night

April 30, 2006

LVT Number: 18862

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord after a trial. Tenant appealed and lost. Landlord proved that tenant engaged in an escalating pattern of hostile and disturbing behavior over a period of years. Tenant banged on her apartment ceiling at all hours of the night and verbally harassed and intimidated other tenants. Tenant didn't propose any alternative remedy, such as appointment of a guardian or a treatment plan until her appeal, and there was no proof in the record that either of these things would do any good.

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord after a trial. Tenant appealed and lost. Landlord proved that tenant engaged in an escalating pattern of hostile and disturbing behavior over a period of years. Tenant banged on her apartment ceiling at all hours of the night and verbally harassed and intimidated other tenants. Tenant didn't propose any alternative remedy, such as appointment of a guardian or a treatment plan until her appeal, and there was no proof in the record that either of these things would do any good. Tenant also argued on appeal that landlord's termination notice wasn't specific enough because it didn't state nature, dates, and times of the occurrences. But the notice set forth sufficient facts for tenant to prepare a defense. Tenant could have gotten further details through a demand for a bill of particulars.

Pinehurst Construction Corp. v. Schlesinger: NYLJ, 4/28/06, p. 28, col. 4 (App. T. 1 Dept.; McKeon, PJ, Davis, Gangel-Jacob, JJ)

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