Tenant Installed Satellite Dish on Roof Without Landlord's OK

Landlord sued to evict Section 8 tenant for installing a satellite dish on the roof of landlord's building without written permission and in violation of tenant's lease. Tenant argued that landlord waived its right to object to the satellite dish. She also claimed that landlord's employee gave her written permission to install the dish and was present when it was hooked up. The court ruled for landlord but delayed eviction for 10 days to give tenant the chance to remove the satellite dish. Tenant didn't produce the original letter that she claimed that landlord's employee signed, giving her permission. And landlord showed that the employee in question didn't start working for landlord until seven months after he supposedly signed the consent letter. Although landlord didn't send tenant a notice to cure until 22 months after first writing to tenant to demand removal of the dish, tenant's lease contained a no-waiver clause. Tenant's lease clearly barred installation of the satellite dish, and there was no waiver.

Lemle Realty Corp. v. Desjardin: NYLJ, 3/24/04, p. 19, col. 1 (Civ. Ct. Bronx; Gonzalez, J)