Tenant's Unauthorized Bathroom Renovation Wasn't Nuisance

September 30, 2011

LVT Number: #23674

Landlord sued to evict tenants for creating a nuisance based on their unauthorized bathroom renovation. The court ruled against landlord, who appealed and lost. Landlord claimed that the possibility that tenants would run water while the bathroom was untiled threatened the comfort and safety of other tenants through potential flooding. But landlord admitted that the work had been completed, and there was no proof that the renovations actually interfered with anyone's use and enjoyment of the building or presented a pattern of objectionable conduct.

Landlord sued to evict tenants for creating a nuisance based on their unauthorized bathroom renovation. The court ruled against landlord, who appealed and lost. Landlord claimed that the possibility that tenants would run water while the bathroom was untiled threatened the comfort and safety of other tenants through potential flooding. But landlord admitted that the work had been completed, and there was no proof that the renovations actually interfered with anyone's use and enjoyment of the building or presented a pattern of objectionable conduct. Landlord also offered no proof that tenants had used unlicensed contractors or failed to get any needed permits. In addition, tenants had cured any possible nuisance.

Warren, LLC v. Daza: 33 Misc.3d 126(A), 2011 NY Slip Op 51753(U) (App. T. 2 Dept.; 9/21/11; Pesce, PJ, Weston, Steinhardt, JJ)

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