York. Tenant exercised her option to renew for an additional year pursuant to letter dated April
17, 2010. Landlord's first witness was its majority shareholder, "Mr. A" who testified the tenant
did not pay rent for August 2010, December 2010 and February 2011 through May 2011. Tenant
told him she could not pay due to health and financial difficulties and to apply her security
towards the rent. During the course of the tenancy there were some issues regarding the
refrigerator, boiler and dryer which he repaired and of downed trees, which he disposed of. He
paid for all needed and known repairs becoming aware of other complaints only after reading
responses to the current litigation.
"Mr. A" described a conversation he had with the Tenant about a week after she moved into
the property. He stated he knocked on her door to welcome her and in the course of casual
conversation explained that her lot and the adjacent lot would be developed at some future time.
The adjacent lot in August 2010 was undeveloped and remained so until March 2011
because of the cold weather. In November 2010 there was soil testing which required a backhoe
[*2]on the adjacent lot for a day or two. Once construction
commenced in March 2011 his contractor built a silt fence and placed bales of hay further in
from his tenant's property line than required by Village Code.
Landlord's second witness was "Mr. U" the General Contractor. In pertinent part, his
testimony is consistent with that of "Mr. A" In addition, "Mr. U" testified the construction began
either the last week of February or first week of March 2011. The adjacent lot had a porta potty
in view of and several feet from the premises, jack hammering in early March and heavy
equipment consistent with construction of a single family home.