Being Cantankerous And Uncooperative Is Not A Basis For Eviction

The defendant in Oakwood Towers v. Pribytkov, No. A-5417-08 (App. Div. Dec. 23, 2010), was a resident at the plaintiff’s federally subsidized housing complex.  Concerned that his apartment was infested with bedbugs, the defendant complained to management about it.  Management attempted to have an exterminator inspect the defendant’s apartment, but the defendant would not grant the exterminator access.  Eventually, the plaintiff filed a complaint to have the defendant evicted because of the defendant’s alleged violation of the lease agreement and the landlord’s rules and regulations, and the trial court granted the plaintiff that relief.  The Appellate Division reversed, however, holding that under the circumstances of the case, the denial of access was not a substantial violation and did not warrant eviction.


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