Chronic Nonpayment of Rent

June 30, 1994

LVT Number: 8873

Landlord sued to evict tenant for nuisance, stating that he'd started five nonpayment cases against tenant during the past two years. Tenant claimed landlord's case was defective because the petition didn't allege an intent to harass, and because landlord didn't send tenant a notice to cure. The court ruled for landlord, and scheduled the case for trial. Landlord didn't need to allege an intent to harass in order to bring a nuisance suit for nonpayment. And, in a nuisance case, there's no requirement for landlord to send a notice to cure.

Landlord sued to evict tenant for nuisance, stating that he'd started five nonpayment cases against tenant during the past two years. Tenant claimed landlord's case was defective because the petition didn't allege an intent to harass, and because landlord didn't send tenant a notice to cure. The court ruled for landlord, and scheduled the case for trial. Landlord didn't need to allege an intent to harass in order to bring a nuisance suit for nonpayment. And, in a nuisance case, there's no requirement for landlord to send a notice to cure.

Garfield v. O'Donnell: NYLJ, p. 24, col. 5 (6/8/94) (Civ. Ct. NY; Stallman, J)

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