Tenant Reasonably Refused to Provide Access on Weekdays

June 30, 1999

LVT Number: 13386

Landlord sued to evict tenant for unreasonably refusing landlord access to make necessary repairs. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Tenant's refusal to provide access to landlord on weekdays during business hours was reasonable given landlord's history of breaking appointments made with tenant. Tenant didn't have to lose time at work and wages to accommodate landlord under these circumstances. And even if tenant improperly refused access, the repairs were all made before landlord delivered a notice to cure to tenant.

Landlord sued to evict tenant for unreasonably refusing landlord access to make necessary repairs. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Tenant's refusal to provide access to landlord on weekdays during business hours was reasonable given landlord's history of breaking appointments made with tenant. Tenant didn't have to lose time at work and wages to accommodate landlord under these circumstances. And even if tenant improperly refused access, the repairs were all made before landlord delivered a notice to cure to tenant. So there was no real basis to evict tenant at that point.

Johnson v. Lewis: NYLJ, p. 32, col. 5 (6/17/99) (App. T. 2 Dept.; DiPaola, PJ, Ingrassia, Levitt, JJ)

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