Lease Doesn't Give Tenant Right to Access for Structural Repairs

LVT Number: 16969

Tenant sued landlord, claiming breach of their lease agreement. Tenant asked the court to force landlord to give tenant access to the building basement so that tenant could make repairs and correct a DOB order to vacate the buildings. The court ruled for tenant. Landlord appealed and won. Tenant's lease didn't give him the right to make structural repairs. So the court shouldn't have given tenant permission to do so.

Tenant sued landlord, claiming breach of their lease agreement. Tenant asked the court to force landlord to give tenant access to the building basement so that tenant could make repairs and correct a DOB order to vacate the buildings. The court ruled for tenant. Landlord appealed and won. Tenant's lease didn't give him the right to make structural repairs. So the court shouldn't have given tenant permission to do so.

Worrell v. Lopez: NYLJ, 11/3/03, p. 28, col. 5 (App. Div. 2 Dept.; Altman, JP, Smith, Friedmann, Crane, JJ)