Tenant Noisy After Midnight

July 31, 1998

LVT Number: 12563

Landlord sued to evict rent-stabilized tenant for breaching her lease by creating a nuisance. Landlord showed at the trial that tenant continually stomped around in her apartment, screaming and cursing, for hours between midnight and early morning. The court ordered tenant's eviction, and tenant appealed. The appeals court ruled for tenant in part. Since landlord had sent tenant a notice to cure before it sent a termination notice, tenant was entitled to a 10-day period after the judgment was issued to stop creating a nuisance.

Landlord sued to evict rent-stabilized tenant for breaching her lease by creating a nuisance. Landlord showed at the trial that tenant continually stomped around in her apartment, screaming and cursing, for hours between midnight and early morning. The court ordered tenant's eviction, and tenant appealed. The appeals court ruled for tenant in part. Since landlord had sent tenant a notice to cure before it sent a termination notice, tenant was entitled to a 10-day period after the judgment was issued to stop creating a nuisance.

Fairmont Manor Co. v. Michael: NYLJ, p. 28, col. 6 (7/13/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)

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