Tenant Installed Porch Screen Without Landlord's Consent

May 31, 2006

LVT Number: 18873

Landlord sued to evict tenant for making unauthorized alterations, in violation of her lease. The court ruled for landlord. Tenant appealed and lost. A court inspection showed that tenant had installed a screen on her apartment terrace and had screwed it into the exterior brick walls of the building. Tenant's lease barred tenant from making changes to the apartment without landlord's prior written consent. And there was no proof that landlord knowingly stood by while tenant made the alterations or that landlord had otherwise waived its right to enforce tenant's lease.

Landlord sued to evict tenant for making unauthorized alterations, in violation of her lease. The court ruled for landlord. Tenant appealed and lost. A court inspection showed that tenant had installed a screen on her apartment terrace and had screwed it into the exterior brick walls of the building. Tenant's lease barred tenant from making changes to the apartment without landlord's prior written consent. And there was no proof that landlord knowingly stood by while tenant made the alterations or that landlord had otherwise waived its right to enforce tenant's lease. The court delayed eviction to give tenant 10 days to correct the condition.

PWV Acquisition LLC v. Pescador: NYLJ, 5/22/06, p. 31, col. 5 (App. T. 1 Dept.; McKeon, PJ, Gangel-Jacob, Schoenfeld, JJ)

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