Landlord Can Bring Chronic Nonpayment Proceeding

February 1, 1993

LVT Number: 6684

Landlord sued to evict tenant for nuisance based on tenant's chronic late payment and nonpayment of rent. The trial court dismissed landlord's petition, and landlord appealed. The appeals court reversed. Chronic late payment and nonpayment of rent may create a nuisance warranting eviction if not adequately explained by tenant. Landlord's petition stated enough facts for a nuisance case. The court sent the case back for a trial.

Landlord sued to evict tenant for nuisance based on tenant's chronic late payment and nonpayment of rent. The trial court dismissed landlord's petition, and landlord appealed. The appeals court reversed. Chronic late payment and nonpayment of rent may create a nuisance warranting eviction if not adequately explained by tenant. Landlord's petition stated enough facts for a nuisance case. The court sent the case back for a trial.

[Sharp v. Norwood: NYLJ, p. 23, col. 2 (1/7/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)].

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