Jury Trial Waiver Inapplicable

August 24, 2015

LVT Number: #26467

Landlord sued to evict tenant for unlawful conduct based on drug activity. Tenant demanded a jury trial. Landlord argued that tenant’s lease contained a jury waiver clause. But landlord didn’t base its case on a violation of tenant’s lease. Instead, landlord relied on Real Property Law Section 231, which provides that if a tenant uses or occupies an apartment for any illegal trade, the lease becomes void. So, if tenant’s conducted voided the lease, there was no jury waiver clause. Tenant was entitled to a jury trial. In the meantime he must pay use and occupancy.

Landlord sued to evict tenant for unlawful conduct based on drug activity. Tenant demanded a jury trial. Landlord argued that tenant’s lease contained a jury waiver clause. But landlord didn’t base its case on a violation of tenant’s lease. Instead, landlord relied on Real Property Law Section 231, which provides that if a tenant uses or occupies an apartment for any illegal trade, the lease becomes void. So, if tenant’s conducted voided the lease, there was no jury waiver clause. Tenant was entitled to a jury trial. In the meantime he must pay use and occupancy.

 

 

 
240 West 140 Inc. v. Carter: Index No. L&T50980/15, NYLJ No. 1202733252741 (Civ. Ct. NY; 7/20/15; Saxe, J)

Topics

More like this