Tenant replaced kitchen cabinets without landlord's permission

New York Landlord v. Tenant, June, 2007

#19658

(Decision submitted by Joshua C. Price of the Manhattan law firm of Sperber Denenberg & Kahan, P.C., attorneys for the landlord.)

Landlord sued to evict rent-controlled tenant for making unauthorized alterations to her apartment. Landlord had no lease for tenant, so landlord couldn't claim that tenant violated her lease. But landlord said that tenant's alterations breached a substantial obligation of her tenancy. Tenant claimed that she replaced the kitchen cabinets in 1991 and was allowed to do so during a rent strike. The court ruled for landlord. Landlord's agent testified that tenant replaced the cabinets in 2005 or 2006, and tenant presented no proof to the contrary. Landlord proved that tenant made alterations to the apartment floors, closets, bathroom door, and kitchen cabinets. An eviction warrant was issued, but execution was delayed for 10 days to give tenant a chance to cure the alterations.

Benjamin Scott Corp. v. Lydia: 14 Misc.3d 1237(A) (Civ. Ct. NY 2007; Lebovits, J) [2-pg. doc.]