Tenant Can't Be Evicted for Replacing Stove

April 1, 1996

LVT Number: 10461

Landlord sued to evict tenant for breaching a substantial obligation of her tenancy. Landlord claimed that tenant breached a ''no alteration'' clause in her lease. Tenant had replaced the stove in her apartment after notifying landlord's managing agent that landlord's stove wasn't working. The court ruled that replacement and removal of landlord's stove to the basement wasn't an alteration. But tenant was given 10 days to permit landlord to inspect, repair, and reinstall the old stove unless an alternative arrangement was made. And landlord was awarded attorney's fees.

Landlord sued to evict tenant for breaching a substantial obligation of her tenancy. Landlord claimed that tenant breached a ''no alteration'' clause in her lease. Tenant had replaced the stove in her apartment after notifying landlord's managing agent that landlord's stove wasn't working. The court ruled that replacement and removal of landlord's stove to the basement wasn't an alteration. But tenant was given 10 days to permit landlord to inspect, repair, and reinstall the old stove unless an alternative arrangement was made. And landlord was awarded attorney's fees.

Classic Residences v. Stuart: NYLJ, p. 26, col. 6 (3/20/96) (Civ. Ct. NY; Birnbaum, J)

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