Tenant Denied Access for Repairs

November 1, 2005

LVT Number: 18416

Landlord sued to evict tenant for not providing access to landlord for bathroom repairs. After a trial, the court ruled against landlord, finding that landlord made its claims in bad faith. Landlord appealed and won. Landlord's trial evidence proved that tenant unreasonably refused access to the apartment over an extended period of time. Tenant also didn't comply with an August 2001 court settlement agreement and the court's May 2003 order to provide access. Tenant didn't prove any bad faith on landlord's part in coordinating access dates or in any other manner.

Landlord sued to evict tenant for not providing access to landlord for bathroom repairs. After a trial, the court ruled against landlord, finding that landlord made its claims in bad faith. Landlord appealed and won. Landlord's trial evidence proved that tenant unreasonably refused access to the apartment over an extended period of time. Tenant also didn't comply with an August 2001 court settlement agreement and the court's May 2003 order to provide access. Tenant didn't prove any bad faith on landlord's part in coordinating access dates or in any other manner. The appeals court gave tenant a final chance to avoid eviction by providing access.

Toa Construction Co. v. Thomas: NYLJ, 10/5/05, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

Topics

More like this