Tenant Installed Skylights Without Landlord's Consent

July 31, 1999

LVT Number: 13400

Landlord sued to evict tenant for making unauthorized alterations in violation of her lease. The trial court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant cut through her ceiling and the building roof and installed two Plexiglas skylights. This was a structural change that substantially breached the no-alterations clause of tenant's lease. Tenant didn't get written permission from landlord and performed the alterations without getting the required DOB permit. Landlord was entitled to possession unless tenant promptly corrected the condition.

Landlord sued to evict tenant for making unauthorized alterations in violation of her lease. The trial court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant cut through her ceiling and the building roof and installed two Plexiglas skylights. This was a structural change that substantially breached the no-alterations clause of tenant's lease. Tenant didn't get written permission from landlord and performed the alterations without getting the required DOB permit. Landlord was entitled to possession unless tenant promptly corrected the condition.

1574 Third Realty Corp. v. Powell: NYLJ, p. 26, col. 2 (7/16/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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