Marbar, Inc. v. Katz
Civil Court of the City of New York
701 N.Y.S.2d 884 (2000)
Relevant factsFree
Long-term rent-stabilized tenant Katz (defendant), after unsuccessfully trying to reach her landlord Marbar (plaintiff) about safety concerns with an old, uneven backyard deck, had friends build a new, slightly larger deck and install a brick patio without landlord approval, as her lease required; the landlord sued to evict her as a holdover tenant, but photographic evidence showed the new deck and patio were attractive, proportionate, and built in a workmanlike manner.
IssueFree
Whether a tenant's failure to obtain the landlord's permission before altering leased premises necessarily warrants eviction.
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