Residential Tenant Can't Get 'Yellowstone' Injunction

LVT Number: #19765

Facts: Landlord rented a house to tenant, which was a limited liability company, for occupancy by the company's managing member and his family. The lease stated that the house could be used only for residential purposes and that tenants must get landlord's permission to make any structural alterations. Landlord claimed that tenant violated the lease by making alterations without written permission. Landlord sent tenant a notice to cure.

Facts: Landlord rented a house to tenant, which was a limited liability company, for occupancy by the company's managing member and his family. The lease stated that the house could be used only for residential purposes and that tenants must get landlord's permission to make any structural alterations. Landlord claimed that tenant violated the lease by making alterations without written permission. Landlord sent tenant a notice to cure. Instead of curing, tenant asked the court for a "Yellowstone" injunction, which would delay landlord from sending tenant a lease termination notice while the court decided whether tenant had in fact breached the lease. Landlord claimed that tenant wasn't entitled to the relief sought.

Court: Tenant loses. Yellowstone injunctions apply only to commercial leases. The house clearly was rented for residential purposes, and there was no claim to the contrary.

OQ Partners LLC v. Izzo: NYLJ, 7/18/07, p. 20, col. 1 (Sup. Ct. Nassau; Austin, J)