Tenant Can Cure Unauthorized Alterations After Trial

July 21, 2015

LVT Number: #26294

Landlord sued to evict rent-stabilized tenant for violating his lease by performing unauthorized alterations in his apartment. The court ruled for landlord after trial and gave tenant 10 days to cure. Landlord appealed, claiming that the condition couldn’t be cured and that tenant had failed to cure up until now. The appeals court ruled against landlord. Tenant was entitled to a 10-day post-judgment cure period after judgment in landlord’s favor.

Landlord sued to evict rent-stabilized tenant for violating his lease by performing unauthorized alterations in his apartment. The court ruled for landlord after trial and gave tenant 10 days to cure. Landlord appealed, claiming that the condition couldn’t be cured and that tenant had failed to cure up until now. The appeals court ruled against landlord. Tenant was entitled to a 10-day post-judgment cure period after judgment in landlord’s favor. And tenant’s removal of the sink, medicine cabinet, and toilet could be cured by replacement of these items with the same or similar fixtures within 10 days.

 

201 West 54th Street Buyer LLC v. Rodin: 47 Misc.3d 154(), 2015 NY Slip Op 50863(U) (App. T. 1 Dept.; 6/4/15; Hunter Jr., JP, Shulman, Ling-Cohan, JJ)

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