Landlord Didn't Prove Tenant Installed Windows in Violation of Lease

April 1, 1999

LVT Number: 13101

Landlord sued to evict tenant for making illegal apartment alterations in violation of her lease. Landlord claimed that tenant had replaced wood framed windows in her apartment with aluminum ones. Tenant claimed that the prior managing agent had replaced the windows, which had rotted. Landlord's current managing agent claimed there was no record of the window replacement in landlord's files. The court ruled against landlord. Tenant testified believably at the trial that the prior managing agent had replaced the windows.

Landlord sued to evict tenant for making illegal apartment alterations in violation of her lease. Landlord claimed that tenant had replaced wood framed windows in her apartment with aluminum ones. Tenant claimed that the prior managing agent had replaced the windows, which had rotted. Landlord's current managing agent claimed there was no record of the window replacement in landlord's files. The court ruled against landlord. Tenant testified believably at the trial that the prior managing agent had replaced the windows. Landlord didn't present any witnesses, photographs, documents, or other evidence to contradict tenant's statements.

Mayfair York LLC v. Zimmerman: NYLJ, p. 28, col. 4 (3/24/99) (Civ. Ct. NY; Billings, J)

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