Loft Improvements Became Landlord's Property

LVT Number: #24463

Loft tenant sued landlord, seeking restitution for improvements he made to eight lofts in landlord's building. Landlord, in turn, sought ejectment and recovery of the eight units. The court ruled for landlord. Tenant appealed and lost. Landlord was entitled to recover the apartments, and the court properly dismissed tenant's claim based on a breach of the warranty of habitability. Tenant also had no claim based on loft improvements because his leases for the units stated that any improvements by tenant to the lofts became landlord's property.

Loft tenant sued landlord, seeking restitution for improvements he made to eight lofts in landlord's building. Landlord, in turn, sought ejectment and recovery of the eight units. The court ruled for landlord. Tenant appealed and lost. Landlord was entitled to recover the apartments, and the court properly dismissed tenant's claim based on a breach of the warranty of habitability. Tenant also had no claim based on loft improvements because his leases for the units stated that any improvements by tenant to the lofts became landlord's property.

Glynn v. 177 West 26th St. Realty Corp.: NYLJ, 10/19/12, p. 29, col. 6 (App. Div. 1 Dept.; Friedman, JP, Moskowitz, Freedman, Richter, Abdus-Salaam, JJ)