Judge Deighton Waithe
Tenant moved for dismissal of landlord’s holdover petition. Landlord’s 10-day notice to terminate alleged tenant engaged in disruptive and dangerous behavior violating the lease agreement, alleging a nuisance. The notice alleged tenant’s behavior interfered with the comfort and safety of other tenants, citing three incidents in 2002, 2005 and 2012. Tenant denied the allegations claiming the notice failed to provide facts necessary to establish grounds alleged. Tenant’s counsel asserted landlord’s claim was based on the 2012 incident as the two prior incidents were barred by the statute of limitations. Landlord argued the proceeding was based on an ongoing and persistent nuisance, thus the prior incidents were not barred by the statute of limitations. The court disagreed, noting nuisance allegations could not be too vague. It also noted prior courts have held that altercations involving verbal abuse over a five-year period did not constitute a continuous or chronic pattern of obnoxious conduct required to establish nuisance warranting an eviction. The court ruled landlord failed to show any ongoing conduct and damage in the 10 and seven years between isolated incidents, and failed to include any details of alleged behavior. The notice was insufficient, and dismissal was granted.
