Landlord Can't Object to Alterations

March 1, 1994

LVT Number: 8637

Landlord sued to evict tenant for making apartment alterations in violation of his lease. The lease contained a no-alteration clause. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Although tenant's alterations were substantial, tenant showed at trial that landlord knew that extensive repairs were in progress---yet didn't object until after the improvements were almost done. So, landlord had waived any right to object.

Landlord sued to evict tenant for making apartment alterations in violation of his lease. The lease contained a no-alteration clause. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Although tenant's alterations were substantial, tenant showed at trial that landlord knew that extensive repairs were in progress---yet didn't object until after the improvements were almost done. So, landlord had waived any right to object.

Bo Hing Realty Corp. v. Yau: NYLJ, p. 21, col. 5 (2/25/94) (App. T. 1 Dept.; Ostrau, Miller, Glen, JJ)

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