Tenant Evicted for Drug Activity in Apartment

April 9, 2007

LVT Number: 19410

Landlord sued to evict tenant for allowing illegal drug activity to take place in his apartment. The lower court ruled for landlord. Tenant appealed and lost. Using a search warrant, police found more than 100 individually wrapped bags of marijuana, a safe, a heat sealer, a small digital scale, and empty Ziploc bags in the apartment. The police testified that the drugs were packaged for sale. The court reasonably concluded that tenant knew or should have known that the illegal drug activity was taking place in his apartment, and he allowed it to go on.

Landlord sued to evict tenant for allowing illegal drug activity to take place in his apartment. The lower court ruled for landlord. Tenant appealed and lost. Using a search warrant, police found more than 100 individually wrapped bags of marijuana, a safe, a heat sealer, a small digital scale, and empty Ziploc bags in the apartment. The police testified that the drugs were packaged for sale. The court reasonably concluded that tenant knew or should have known that the illegal drug activity was taking place in his apartment, and he allowed it to go on.

Royal Charter Properties, Inc. v. Vidal: NYLJ, 2/27/07, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)

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