Landlord Waited Too Long to Claim Apartment Illegally Altered

March 1, 2008

LVT Number: #20230

Landlord sued to evict tenant for violating his lease by making unauthorized apartment alterations. Landlord claimed that tenant installed a living room radiator cover without landlord's permission. Tenant asked the court to dismiss the case. The court ruled for tenant and awarded him attorney's fees. Landlord appealed. The appeals court ruled for landlord in part. Tenant completed the installation in 1983, more than 20 years before landlord filed the eviction proceeding. By law, landlord should have made any claim for a lease violation within six years of the claimed violation.

Landlord sued to evict tenant for violating his lease by making unauthorized apartment alterations. Landlord claimed that tenant installed a living room radiator cover without landlord's permission. Tenant asked the court to dismiss the case. The court ruled for tenant and awarded him attorney's fees. Landlord appealed. The appeals court ruled for landlord in part. Tenant completed the installation in 1983, more than 20 years before landlord filed the eviction proceeding. By law, landlord should have made any claim for a lease violation within six years of the claimed violation. So the court properly dismissed the case. But tenant's lease had no provision for awarding attorney's fees. So that portion of the lower court's decision was revoked.

Barklee 94 LLC v. O'Keefe: NYLJ, 2/6/08, p. 32, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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