Tenant Corrected Illegal Alterations

November 1, 2000

LVT Number: 14488

Landlord sued to evict tenant for making illegal alterations to her apartment. The court ruled for landlord, but delayed the eviction to give tenant time to correct the alterations. Landlord later claimed that tenant didn't restore the apartment to its prior condition. The court ruled against landlord. Landlord appealed and lost. At a hearing, tenant showed photographs and testified that she had replaced walls, doors, and moldings, and restored the fireplace and living room floor. Landlord didn't show that the apartment had been in any different condition before the alterations.

Landlord sued to evict tenant for making illegal alterations to her apartment. The court ruled for landlord, but delayed the eviction to give tenant time to correct the alterations. Landlord later claimed that tenant didn't restore the apartment to its prior condition. The court ruled against landlord. Landlord appealed and lost. At a hearing, tenant showed photographs and testified that she had replaced walls, doors, and moldings, and restored the fireplace and living room floor. Landlord didn't show that the apartment had been in any different condition before the alterations. The court found that tenant properly restored the apartment.

21 W. 58th St. Corp. v. Davydova: NYLJ, 10/24/00, p. 26, col. 4 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Suarez, JJ)

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