Lease Doesn't Allow Termination for Nuisance

June 30, 1998

LVT Number: 12430

Landlord sued to evict tenant for nuisance. Tenant lived above landlord in the apartment building. Landlord claimed that tenant made vulgar and harassing phone calls to landlord, caused water leaks, and removed structural supports in the apartment. The court ruled for landlord, and tenant appealed, claiming that nothing in his lease permitted eviction for nuisance. Landlord argued that tenant didn't raise this issue before the trial court. The appeals court ruled for tenant. Tenant's lease contained no clause giving landlord the right to terminate the tenancy based on nuisance.

Landlord sued to evict tenant for nuisance. Tenant lived above landlord in the apartment building. Landlord claimed that tenant made vulgar and harassing phone calls to landlord, caused water leaks, and removed structural supports in the apartment. The court ruled for landlord, and tenant appealed, claiming that nothing in his lease permitted eviction for nuisance. Landlord argued that tenant didn't raise this issue before the trial court. The appeals court ruled for tenant. Tenant's lease contained no clause giving landlord the right to terminate the tenancy based on nuisance. And since tenant wasn't subject to rent control or rent stabilization, landlord couldn't rely on regulations outside the lease. It didn't matter that tenant didn't raise the issue before. This was a fatal defect in landlord's case.

Gonzalez v. Peterson: NYLJ, p. 25, col. 6 (6/19/98) (App. T. 1 Dept.; Parness, PJ, Davis, J; dissent by McCooe, J)

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