Tenant Must Remove New Flooring or Face Eviction

(Decision submitted by Edward Baer of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, PC, attorneys for the landlord.) Facts: Landlord sued to evict tenant for violating his lease. Landlord claimed that tenant altered his rent-stabilized apartment without getting landlord's prior written consent. Tenant asked landlord if he could replace the floors in his apartment. Landlord said no. Tenant went ahead and installed ceramic tiles in the kitchen and dining area, and wood flooring throughout the rest of the apartment. Tenant claimed he'd asked for floor repairs and landlord had refused. Landlord sent tenant a 10-day notice to cure the breach of the lease for making unauthorized alterations. Tenant claimed there was no serious violation of the lease and so the case should be dismissed. Court: Landlord wins. Tenant knew the procedure for making alterations. He'd asked permission in writing to make other alterations. Tenant's claim that he'd requested floor repairs wasn't believable. Tenant's removal of the existing flooring was clearly a material alteration. Tenant has 10 days to remove new flooring or face eviction.

40th St. Realty Co. v. Sheinman: Index No. 98584/96 (9/22/97) (Civ. Ct. NY; Katz, J) [5-page document]