Tenant Can Be Evicted for Repeated Loud Noise

March 31, 2009

LVT Number: #21126

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and termination notice didn't state sufficient grounds for eviction. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord's notices stated that tenant had created excessively loud noise in his apartment on at least eight specific dates. On some of these occasions, the police were called. Landlord's notices were detailed enough to provide tenant with sufficient notice of the claims made.

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and termination notice didn't state sufficient grounds for eviction. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord's notices stated that tenant had created excessively loud noise in his apartment on at least eight specific dates. On some of these occasions, the police were called. Landlord's notices were detailed enough to provide tenant with sufficient notice of the claims made.

Chelsea 19 Associates v. Coyle: NYLJ, 3/20/09, p. 34, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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