Tenant Replaced Defective Fixtures

August 31, 2001

LVT Number: 15213

Landlord sued to evict tenant for making illegal alterations in his apartment. The court ruled against landlord. Landlord appealed and lost. Tenant showed that he had requested repairs for three years and that landlord had ignored his requests. Tenant then repaired and replaced rotted out walls and ceilings and defective electric outlets. This wasn't a violation of the ''no alterations'' clause of his lease that warranted eviction. In addition, landlord's own employees did the work.

Landlord sued to evict tenant for making illegal alterations in his apartment. The court ruled against landlord. Landlord appealed and lost. Tenant showed that he had requested repairs for three years and that landlord had ignored his requests. Tenant then repaired and replaced rotted out walls and ceilings and defective electric outlets. This wasn't a violation of the ''no alterations'' clause of his lease that warranted eviction. In addition, landlord's own employees did the work.

655 West Assocs. v. Asencio: NYLJ, 8/10/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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