Tenant Gets Chance to Correct Apartment Hazards

April 30, 2002

LVT Number: 15823

Landlord sued to evict tenant for creating a nuisance. Tenant's apartment was cluttered with debris. Tenant claimed that the apartment condition didn't create a nuisance and that she should have a right to correct the hazards. Landlord claimed that the nuisance wasn't correctable. The court ruled for tenant. Since the nuisance claim was based on a condition that could be corrected, tenant should be given a chance to do so. And tenant had already attempted to correct the hazards by cleaning her apartment.

Landlord sued to evict tenant for creating a nuisance. Tenant's apartment was cluttered with debris. Tenant claimed that the apartment condition didn't create a nuisance and that she should have a right to correct the hazards. Landlord claimed that the nuisance wasn't correctable. The court ruled for tenant. Since the nuisance claim was based on a condition that could be corrected, tenant should be given a chance to do so. And tenant had already attempted to correct the hazards by cleaning her apartment.

Realty LLC v. Wolcott: NYLJ, 4/22/02, p. 29, col. 3 (Civ. Ct. Kings; Ressos, J)

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