Tenant Who Didn't Declutter Apartment Gets Final Chance to Avoid Eviction

Landlord sued to evict rent-stabilized tenant for creating a nuisance because tenant maintained his apartment in an unsanitary manner, failed to cooperate with access for extermination, and failed to prepare the apartment for proper extermination. Tenant lived in the studio apartment with his wife and three children. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. Tenant agreed to conduct a heavy-duty cleaning and prepare the apartment for extermination. Tenant also agreed to a two-year probationary period during which he would maintain the apartment in an uncluttered and sanitary condition and prepare it for monthly extermination. Landlord also could bring tenant back to court if the settlement agreement was violated.

Landlord later claimed that tenant failed to declutter the apartment so that it was prepared for extermination in November 2015. The exterminator testified that every time he entered the apartment, it was severely cluttered with various items including food. This prevented him from providing effective treatment. The roach condition in tenant’s apartment also necessitated extra treatment of the apartment below tenant’s. Landlord’s broker testified that it was hard to rent vacant apartments near tenant’s because roaches were found there. Landlord claimed that prior tenants in nearby apartments moved out because of roaches.

The court ruled for landlord, finding that tenant had substantially breached the settlement agreement and that landlord was entitled to possession. However, the court stayed eviction for two and one-half years provided that tenant consistently and continuously maintain the apartment in a sanitary and uncluttered manner, provide access monthly for extermination, and prepare the apartment properly for extermination visits.

Aris Crescent v. Abo-Zeid: Index No. L&T60891/2015, NYLJ No. 1202753982377 (Civ. Ct. Queens; 3/23/16; Nembhard, J)