Tenants Left Minor Children Alone in Apartment

Landlord sued to evict tenants for nuisance. Tenants had moved out of the apartment and left their children---aged 19, 16, and 15---behind. Neighbors complained of incidents of disturbing behavior that interfered with the quiet enjoyment of their apartments. The court ruled for landlord. Tenants' created a nuisance by moving out without taking their minor children, particularly their 15-year-old son, who had a history of behavior problems. Among other things, he'd been arrested for possession of crack cocaine. Tenants must have been aware, yet were unconcerned, that their children might prove a threat to the comfort and safety of other building tenants as well as to himself.

U.E.S.S. Leasing Corp. v. Santiago: NYLJ, p. 25, col. 5 (12/30/96) (Civ. Ct. Queens; Franke, J)