Tenant Replaced Defective Appliances

November 1, 1998

LVT Number: 12728

Landlord sued to evict tenant for making apartment alterations in violation of his lease. Tenant claimed that landlord ignored repeated complaints about defective appliances and other items. Tenant eventually resorted to self help and replaced kitchen cabinets, air conditioners, the refrigerator, and a bathroom sink. The court ruled against landlord and dismissed the case. Landlord appealed twice. The appeals courts ruled against landlord. Under the circumstances, tenant's replacement of the defective items was justified.

Landlord sued to evict tenant for making apartment alterations in violation of his lease. Tenant claimed that landlord ignored repeated complaints about defective appliances and other items. Tenant eventually resorted to self help and replaced kitchen cabinets, air conditioners, the refrigerator, and a bathroom sink. The court ruled against landlord and dismissed the case. Landlord appealed twice. The appeals courts ruled against landlord. Under the circumstances, tenant's replacement of the defective items was justified. There was no substantial breach of the ''no alterations'' clause of tenant's lease.

Mengoni v. Respondent: NYLJ, p. 26, col. 5 (10/29/98) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Williams, Andrias, JJ)

Topics

More like this