Did Landlord Wait Too Long to Seek Eviction?

January 21, 2015

LVT Number: #25904

Landlord sued to evict rent-stabilized tenant for nonpayment of rent totalling $52,000. Landlord had refused to accept rent directly from tenant's daughter, who claimed succession rights. Tenant asked the court to dismiss the case, claiming breach of the warranty of habitability. He also claimed that landlord had waited too long to start the case. The court denied requests from both sides to decide the issues without a trial. Landlord and tenant both appealed.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent totalling $52,000. Landlord had refused to accept rent directly from tenant's daughter, who claimed succession rights. Tenant asked the court to dismiss the case, claiming breach of the warranty of habitability. He also claimed that landlord had waited too long to start the case. The court denied requests from both sides to decide the issues without a trial. Landlord and tenant both appealed. The appeals court dismissed tenant's warranty of habitability claim because tenant hadn't previously notified landlord of any apartment conditions. But tenant's laches claim couldn't be decided without a trial on whether landlord's delay in starting the nonpayment case was reasonable under the circumstances. 

72A Realty Associates, LP v. Mercado: 2014 NY Slip Op 24397, 2014 WL 7177481 (App. T. 1 Dept.; 12/17/14; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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