Tenant Replaced Defective Countertops and Floor Tiles

March 1, 2004

LVT Number: 17145

Landlord sued to evict tenant for violating his lease by making unauthorized alterations. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed and lost. Tenant's replacement of defective kitchen countertops and floor tiles wasn't a substantial breach of the ''no alterations'' clause of his lease. Landlord also waived any objection to tenant's 1985 installation of new cabinet doors. Tenant was entitled to attorney's fees as the prevailing party.

Landlord sued to evict tenant for violating his lease by making unauthorized alterations. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed and lost. Tenant's replacement of defective kitchen countertops and floor tiles wasn't a substantial breach of the ''no alterations'' clause of his lease. Landlord also waived any objection to tenant's 1985 installation of new cabinet doors. Tenant was entitled to attorney's fees as the prevailing party.

365 West End Ave., LLC v. Rosenblum: NYLJ, 2/9/04, p. 26, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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