Tenant's Filthy Apartment Created Nuisance

May 31, 2009

LVT Number: #21231

Landlord sued to evict tenant for creating a nuisance. The trial court ruled for landlord. Tenant appealed and lost. Tenant caused extreme odors from his apartment through accumulated filth and debris. The trial court inspected tenant's apartment and relied on testimony from believable witnesses. The fact that landlord sent tenant a notice to cure for the alternative claim of violating his lease by these conditions didn't mean that the court had to give tenant a chance to cure after the trial.

Landlord sued to evict tenant for creating a nuisance. The trial court ruled for landlord. Tenant appealed and lost. Tenant caused extreme odors from his apartment through accumulated filth and debris. The trial court inspected tenant's apartment and relied on testimony from believable witnesses. The fact that landlord sent tenant a notice to cure for the alternative claim of violating his lease by these conditions didn't mean that the court had to give tenant a chance to cure after the trial. Landlord proved the nuisance, and tenant's pattern over a period of years showed no signs of changing.

Cabrini Terrace Joint Venture v. O'Brien: NYLJ, 5/5/09, p. 36, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

Topics

More like this