Judge Timmie Erin Elsner
Landlord commenced this nuisance holdover action against tenant Tupas to recover possession of the subject premises alleging, in the notice of termination, that Tupas interfered with the comfort and safety of landlord and other tenants. The notice claimed there was a smell of rotting garbage emanating from the premises, filth strewn through the apartment from floor to ceiling and that Tupas caused flood which damaged apartment below. The court stated the interest of Tupas, a senior citizen who resided in the subject apartment for 43 years, must be balanced against those of other tenants whose health and safety were jeopardized. It found the conditions described in the premises rose to the level of a nuisance, noting the internal conditions resulted in an external threat to the building’s occupants. Yet, the court stated the conditions were curable, as evidenced by resolution of the odor condition previously observed, but later abated. However, it noted this was the second proceeding of this kind against Tupas, and he was unable to sustain the premises in a habitable condition on a long-term basis. Thus, landlord was awarded a final judgment of possession and warrant eviction, stayed through February 2014 to permit Tupas time to cure or vacate.
