Landlord's Proof Insufficient

LVT Number: #27200

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord’s termination notice set forth 45 instances of conduct falling into three categories--subletting a portion of the apartment, damage to the building, and late rent payments. The court ruled against landlord and dismissed the case after trial. The court found that proof of tenant’s behavior, including excessive noise and odors, was insufficient to warrant eviction after a 40-year tenancy. The court found there were too few instances of proven conduct sufficient to establish a nuisance.

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord’s termination notice set forth 45 instances of conduct falling into three categories--subletting a portion of the apartment, damage to the building, and late rent payments. The court ruled against landlord and dismissed the case after trial. The court found that proof of tenant’s behavior, including excessive noise and odors, was insufficient to warrant eviction after a 40-year tenancy. The court found there were too few instances of proven conduct sufficient to establish a nuisance. It was unclear what odors landlord referred to, and the noise complaint wasn't proven to be so loud or to continue on a regular basis. There also was no proof that tenant actually sublet the apartment illegally.

 

 

RSP 100 Property LLC v. Brant: Index No. L&T 89925/13, NYLJ No. 1202766275650 (Civ. Ct. NY; 8/8/16; Saxe, J)