Tenant Demolished Apartment Interior

July 31, 1996

LVT Number: 10761

Landlord sued to evict rent-controlled tenant after tenant demolished apartment interior. Landlord claimed in its papers that tenant created a nuisance; landlord didn't claim that tenant breached a substantial obligation of her tenancy. Without landlord's knowledge or permission, tenant had hired a contractor who tore down all the walls in the three-room apartment and removed all the kitchen and bathroom fixtures. The apartment was left gutted with exposed electrical wiring, plumbing, and gaping holes where the wall had been torn out.

Landlord sued to evict rent-controlled tenant after tenant demolished apartment interior. Landlord claimed in its papers that tenant created a nuisance; landlord didn't claim that tenant breached a substantial obligation of her tenancy. Without landlord's knowledge or permission, tenant had hired a contractor who tore down all the walls in the three-room apartment and removed all the kitchen and bathroom fixtures. The apartment was left gutted with exposed electrical wiring, plumbing, and gaping holes where the wall had been torn out. Tenant claimed she was using self-help to remove slum-like conditions and restore the apartment to a habitable condition. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Landlord properly made a legal claim for nuisance and could proceed.

Village Realty Partners v. Nejame: NYLJ, p. 23, col. 1 (7/31/96) (Civ. Ct. NY; Shulman, J)

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