Tenant Claims Landlord Agreed to Alterations

June 30, 2011

LVT Number: #23483

Landlord sued to evict tenant for violating her lease by making unauthorized apartment alterations. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default. The court ruled for tenant. Landlord appealed and lost. A trial was needed to determine whether landlord agreed to tenant's alterations, including the installation of a stove, and whether these alterations constitute signification violations of the "no alterations" clause of tenant's lease.

Landlord sued to evict tenant for violating her lease by making unauthorized apartment alterations. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default. The court ruled for tenant. Landlord appealed and lost. A trial was needed to determine whether landlord agreed to tenant's alterations, including the installation of a stove, and whether these alterations constitute signification violations of the "no alterations" clause of tenant's lease. Under the circumstances, the court properly exercised its discretion by vacating the default judgment.

West 15th Street Associates LP v. Fares: 31 Misc.3d 149(A), 2011 NY Slip Op 51053(U) (App. T. 1 Dept.; 6/8/11; Shulman, JP, Shoenfeld, Torres, JJ)

Topics

More like this