Tenant Violated Settlement Agreement by Creating Intolerable Odors

December 1, 2004

LVT Number: 17776

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant permitted intolerable odors to come from her dirty and cluttered apartment. Landlord and tenant signed a settlement agreement, delaying eviction and putting tenant on probation. Landlord later asked the court to hold a hearing to determine if tenant had violated the agreement. After the hearing, the court ruled for landlord. Tenant appealed and lost. A number of other tenants and building staff had testified that vile and nauseating odors continued to come from tenant's apartment.

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant permitted intolerable odors to come from her dirty and cluttered apartment. Landlord and tenant signed a settlement agreement, delaying eviction and putting tenant on probation. Landlord later asked the court to hold a hearing to determine if tenant had violated the agreement. After the hearing, the court ruled for landlord. Tenant appealed and lost. A number of other tenants and building staff had testified that vile and nauseating odors continued to come from tenant's apartment. So tenant wasn't entitled to any further delay of the eviction.

Whitehall Realty Co. v. Friedman: NYLJ, 11/2/04, p. 24, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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