Tenant Renovated Bathroom Without Landlord's Permission

Landlord sued to evict rent-stabilized tenant for creating a nuisance and for violating his lease by performing unauthorized alterations. Landlord claimed that tenant demolished the apartment's bathroom and removed walls, the toilet, the medicine cabinet, and sink fixtures. Tenant claimed that landlord didn't respond to his request for repairs in 2008, so he did the repairs himself with the help of landlord's handyman in 2013. At trial, landlord's super testified that when he discovered the work in progress after returning from vacation, he told tenant to stop. Landlord's managing agent testified that tenant never requested bathroom repairs. Landlord's architect testified that removal of structural or fire walls in the apartment could require building permits. The court ruled for landlord. Although he didn't create a nuisance, tenant did violate his lease. Tenant therefore was given 10 days to cure the conditions and restore the bathroom to its prior condition in order to avoid eviction.

201 West 54th Street Buyer LLC v. Rodin: 44 Misc.2d 1217(A), 2014 NY Slip Op 51167(U) (Civ. Ct. NY; 7/31/14; Kraus, J)