Tenant Violated Probationary Stipulation

February 8, 2012

LVT Number: #23906

Landlord sued to evict tenant for creating a nuisance based on the conduct of tenant and tenant's son. Landlord and tenant signed a settlement agreement in court. Tenant and his son agreed to refrain from objectionable conduct during a probation period. Landlord later sought eviction based on the violation of that agreement. An upstairs neighbor complained of loud arguments between tenant's son and a woman and that on a number of occasions the smell of marijuana smoke came up from tenant's apartment.

Landlord sued to evict tenant for creating a nuisance based on the conduct of tenant and tenant's son. Landlord and tenant signed a settlement agreement in court. Tenant and his son agreed to refrain from objectionable conduct during a probation period. Landlord later sought eviction based on the violation of that agreement. An upstairs neighbor complained of loud arguments between tenant's son and a woman and that on a number of occasions the smell of marijuana smoke came up from tenant's apartment. The court ruled against landlord after a hearing, finding insufficient proof that the agreement was violated. Landlord appealed and won. There was sufficient proof that tenant or his son interfered with the peaceful enjoyment of other tenants in the building. The case was sent back for a new hearing.

Duane LLC v. Gordon: NYLJ, 1/20/12, p. 22, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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