Chronic Nonpayment of Rent Violates Lease

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant had ongoing financial problems, and landlord had previously brought nine nonpayment cases between 1995 and 1998. Landlord claimed that tenant's continual nonpayment violated a substantial obligation of the tenancy, in violation of tenant's lease. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord appealed and won. Tenant didn't claim breach of the warranty of habitability or other defenses to the nonpayment cases. Tenant clearly violated the lease clause that said payment of rent was a substantial obligation of the tenancy. Also, no notice to cure was required, since chronic nonpayment of rent wasn't a condition that could be corrected in 10 days.

Adam's Tower L.P. v. Richter: NYLJ, 8/16/00, p. 22, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)