Tenant Constructed Loft in Apartment

July 19, 2015

LVT Number: #26281

Landlord sued to evict tenant for breaching her lease and creating a nuisance by making illegal alterations in her apartment. Landlord claimed that tenant had constructed a loft in the apartment. Tenant claimed that it had been removed. The court dismissed the case and awarded tenant attorney’s fees. Landlord appealed, and the case was reopened. Tenant hadn’t indicated when she actually removed the offending condition or whether she advised landlord before the eviction proceeding was started. So dismissal of the case and the attorney’s fees award were premature.

Landlord sued to evict tenant for breaching her lease and creating a nuisance by making illegal alterations in her apartment. Landlord claimed that tenant had constructed a loft in the apartment. Tenant claimed that it had been removed. The court dismissed the case and awarded tenant attorney’s fees. Landlord appealed, and the case was reopened. Tenant hadn’t indicated when she actually removed the offending condition or whether she advised landlord before the eviction proceeding was started. So dismissal of the case and the attorney’s fees award were premature. The case was sent back to the housing court for further consideration.

 

 

 

208-210 East 7th LLC v. Martinez: 47 Misc.3d 155(A), 2015 NY Slip Op 50880(U) (App. T. 1 Dept.;6/12/15; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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