Offensive Odors from Tenant's Apartment Created Nuisance

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court, placing tenant and her two adult children on probation for 18 months. Tenant agreed to prevent odors from coming out of the apartment and would not allow conditions to exist that would interfere with the comfort or safety of other tenants. Landlord later came back to court, claiming that tenant had breached the agreement. The trial court found the proof “overwhelming.” Witnesses showed that severe odors came from tenant’s apartment into a medical office next door, which required the staff to close an examination room. This was a serious and substantial violation of the stipulation. But the trial court delayed eviction on condition that tenant refrain from any further default under the settlement agreement. Landlord appealed and won. The plain language of tenant’s agreement called for eviction if landlord proved that tenant violated the settlement agreement. There was no grounds for the lower court to permit further delay of eviction.

521 East 72nd St. Realty Company, LLC v. Borovick: 26 Misc.3d 139 (2/19/10) (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)