Tenant's Washing Machine Didn't Create a Nuisance

February 1, 2011

LVT Number: #23145

Landlord sued to evict tenant for creating a nuisance. The trial court ruled against landlord, who appealed and lost. Landlord proved only that tenant installed a washing machine without landlord's permission. Tenant cured this breach of his lease in a timely manner after landlord notified tenant. So landlord didn't prove either that tenant created a nuisance or that there remained a substantial breach of tenant's lease agreement.

Landlord sued to evict tenant for creating a nuisance. The trial court ruled against landlord, who appealed and lost. Landlord proved only that tenant installed a washing machine without landlord's permission. Tenant cured this breach of his lease in a timely manner after landlord notified tenant. So landlord didn't prove either that tenant created a nuisance or that there remained a substantial breach of tenant's lease agreement.

J&P Realty LLC v. Spinelli: NYLJ, 1/7/11, p. 26, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Hunter, JJ)

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