Tenant Burned Incense in Apartment

April 30, 2001

LVT Number: 14921

Landlord sued to evict tenant for breaching a substantial obligation of his lease. Other tenants had complained of strong and offensive odors from incense burning in tenant's apartment. Tenant admitted burning incense daily. The court ruled for landlord. Tenant appealed and lost. Two other tenants had testified that the condition interfered with their comfort in the building. The trial court properly found that tenant's continually creating this odor was a breach of the lease.

Landlord sued to evict tenant for breaching a substantial obligation of his lease. Other tenants had complained of strong and offensive odors from incense burning in tenant's apartment. Tenant admitted burning incense daily. The court ruled for landlord. Tenant appealed and lost. Two other tenants had testified that the condition interfered with their comfort in the building. The trial court properly found that tenant's continually creating this odor was a breach of the lease.

Zenila Realty Corp. v. Margeta: NYLJ, 4/23/01, p. 24, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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