Landlord Must Commence Ejectment Action Against Nuisance Tenant

March 27, 2024

LVT Number: #33134

Tompkins County landlord sued to evict tenant for creating a nuisance and objectionable conduct. Landlord sent tenant several prior notices before commencing the court proceeding but didn't serve a lease termination notice. The court dismissed the case. Tenant's lease was never terminated. And the case didn't involve a rent-stabilized or rent-controlled tenant. Therefore, this wasn't a proper holdover proceeding. This was instead an ejectment action for common law nuisance that must be brought in State Supreme Court.

Tompkins County landlord sued to evict tenant for creating a nuisance and objectionable conduct. Landlord sent tenant several prior notices before commencing the court proceeding but didn't serve a lease termination notice. The court dismissed the case. Tenant's lease was never terminated. And the case didn't involve a rent-stabilized or rent-controlled tenant. Therefore, this wasn't a proper holdover proceeding. This was instead an ejectment action for common law nuisance that must be brought in State Supreme Court. Since there was no authority providing for a nuisance eviction, there was no authority to maintain a summary proceeding for nuisance. 

INHS, Inc. v. Yarosh: Index No. lT-49686-24, 2024 NY Slip Op 50099(U)(City Ct. Ithaca; 2/1/24/ Peacock, J)

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