Tenant Must Remove Wood Deck and Brick Patio or Face Eviction

February 1, 2000

LVT Number: 13826

Facts: Landlord sued to evict tenant for making unauthorized alterations. Without landlord's consent, tenant had replaced landlord's old outdoor wooden deck with a new, slightly larger deck. Tenant had also installed a brick patio. Tenant's lease barred alterations made without landlord's permission. Court: Landlord wins. A judgment of possession was granted to landlord. But issuance of an eviction warrant was delayed to allow tenant to remove the patio.

Facts: Landlord sued to evict tenant for making unauthorized alterations. Without landlord's consent, tenant had replaced landlord's old outdoor wooden deck with a new, slightly larger deck. Tenant had also installed a brick patio. Tenant's lease barred alterations made without landlord's permission. Court: Landlord wins. A judgment of possession was granted to landlord. But issuance of an eviction warrant was delayed to allow tenant to remove the patio. Tenant also had to either restore the old deck, if it still existed under the new one, or post a $5,000 bond to secure the cost of removal and restoration of the old deck if tenant moved out without restoring the landlord's deck.

Marbar, Inc. v. Katz: NYLJ 1/20/00, p. 28, col. 5 (Civ. Ct. NY; Hoffman, J)

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