Tenant Evicted for Offensive Behavior

January 1, 1998

LVT Number: 12054

Landlord sued to evict tenant for nuisance based on tenant's offensive behavior. The court ruled for landlord after the trial, and tenant appealed. The appeals court ruled against tenant. Landlord showed that tenant created excessive noise, repeatedly allowed water to overflow, and had offensive odors emanating from the apartment. This was sufficient to prove that tenant's conduct threatened the comfort and safety of other tenants. Eviction for nuisance was warranted.

Landlord sued to evict tenant for nuisance based on tenant's offensive behavior. The court ruled for landlord after the trial, and tenant appealed. The appeals court ruled against tenant. Landlord showed that tenant created excessive noise, repeatedly allowed water to overflow, and had offensive odors emanating from the apartment. This was sufficient to prove that tenant's conduct threatened the comfort and safety of other tenants. Eviction for nuisance was warranted.

Uses Realty Corp. v. Johnson: NYLJ, p. 29, col. 2 (12/3/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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