Legal Question in Real Estate Law in New York
Landlord responsibility?
If a landlord has a signed lease condition with his tenant prohibiting outdoor parties to prevent noise issues with neighbors in a zoned residential neighborhood and the tenant continues to violate this agreement and is arrested for disorderly conduct and convicted, can the landlord evict the tenant? If the landlord does nothing, can he be sued by neighbors for not enforcing this lease agreement? Can any legal action be taken by neighbors? Thank You!
2 Answers from Attorneys
Re: Landlord responsibility?
Can the landlord evict the tenant? Yes. Can the neighbors sue the landlord? Yes to make him/her enforce the lease and attempt to evict. Can the neighbors sue the tenant? No. Good luck.
Re: Landlord responsibility?
The language of the lease would be key. Is the tenant entitled to notice of a breach and an opportunity to "cure"? How does the lease define an outdoor party? If proper notice is given and another "party" occurs, you could evict. The neighbors could only act on a public nuisance theory, a tough case to prove. You might want to consider terminating this "party animal" now, while we have a robust rental market with lots of nice, quiet tenants in the wings.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
