Tenant in Illegal Apartment Must Pay Use and Occupancy

February 1, 2000

LVT Number: 13856

Landlord sued to evict tenant for nonpayment of use and occupancy under a prior court-ordered agreement and for creating damage by allowing water to overflow from the bathtub. Tenant denied causing the water damage and claimed that he shouldn't have to pay use and occupancy because the building was an illegal multiple dwelling. The court ruled against landlord on the property damage issue, but otherwise ruled for landlord. In the prior case, the court had ruled that the building was now a legal one-family house and tenant was the sole occupant.

Landlord sued to evict tenant for nonpayment of use and occupancy under a prior court-ordered agreement and for creating damage by allowing water to overflow from the bathtub. Tenant denied causing the water damage and claimed that he shouldn't have to pay use and occupancy because the building was an illegal multiple dwelling. The court ruled against landlord on the property damage issue, but otherwise ruled for landlord. In the prior case, the court had ruled that the building was now a legal one-family house and tenant was the sole occupant. So payment of use and occupancy was justified.

Laviolette v. Weston: NYLJ 1/12/00, p. 28, col. 5 (Civ. Ct. Queens; Greenbaum, J)

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