Article Title
Knudsen v. Lax: Recession of a Lease Agreement When a Sex Offender Moves Next Door
Abstract
Sometimes a Small Claims Court case can lead to a decision with important implications for landlords and tenants among others. Knudsen v. Lax dealt with the issue of whether or not a family with three young daughters could terminate its lease for an apartment when a Level Three sex offender moved next door.
The case presented a novel question for the New York County Court and for the lease agreement itself.
While those who rent apartments are often confronted with disruptive or disagreeable neighbors, such a situation is not enough to permit a tenant to terminate the lease.
But when a sex offender moves next door, the notion of the implied covenant of quiet enjoyment takes on a whole new meaning.