Chronic Nonpayment Isn't Nuisance

July 31, 1998

LVT Number: 12546

Landlord sued to evict tenant for nuisance based on chronic nonpayment of rent. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't show that there were any ''aggravating circumstances'' in this case. The chronic nonpayment by itself couldn't be found to constitute a nuisance.

Landlord sued to evict tenant for nuisance based on chronic nonpayment of rent. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't show that there were any ''aggravating circumstances'' in this case. The chronic nonpayment by itself couldn't be found to constitute a nuisance.

Sickle Mgmt. Corp. v. Roque: NYLJ, p. 25, col. 2 (7/14/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)

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