Landlord Claims Tenant Breached Agreement to Refrain from Excessive Noise

LVT Number: #27374

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court in which tenant agreed to refrain from permitting excessive noise during a specified probationary period. If landlord believed that tenant breached the agreement, landlord could return to court for a hearing to prove it. Landlord went back to court when tenant’s downstairs neighbor claimed that the excessive noise continued. The court denied landlord’s request without holding a hearing. Landlord appealed, and the case was reopened.

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court in which tenant agreed to refrain from permitting excessive noise during a specified probationary period. If landlord believed that tenant breached the agreement, landlord could return to court for a hearing to prove it. Landlord went back to court when tenant’s downstairs neighbor claimed that the excessive noise continued. The court denied landlord’s request without holding a hearing. Landlord appealed, and the case was reopened. Although the neighbor’s sworn statement, submitted with landlord’s motion to reopen the case, contained some questionable claims, landlord was entitled to a hearing before the court concerning whether tenant breached the agreement to refrain from creating excessive noise.

 

 

 

 

Trio 90 LLC v. Williamson: 53 Misc.3d 149(A), 2016 NY Slip Op 51647(U) (App. T. 1 Dept.; 11/16/16; Schoenfeld, JP, Shulman, Gonzalez, JJ)