Landlord Can Bring Nonpayment Case

April 30, 1993

LVT Number: 6955

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The trial court dismissed landlord's petition, finding that landlord hadn't proved the existence of a landlord-tenant relationship. Landlord appealed, and the case was reopened. Tenant moved into the apartment in 1975. When his last renewal lease expired in July 1990, tenant didn't renew his lease. Landlord didn't take action to evict tenant for refusing to renew his lease. So, tenant continued to live in the apartment as if his expired lease was still in effect. Landlord could maintain a nonpayment proceeding.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The trial court dismissed landlord's petition, finding that landlord hadn't proved the existence of a landlord-tenant relationship. Landlord appealed, and the case was reopened. Tenant moved into the apartment in 1975. When his last renewal lease expired in July 1990, tenant didn't renew his lease. Landlord didn't take action to evict tenant for refusing to renew his lease. So, tenant continued to live in the apartment as if his expired lease was still in effect. Landlord could maintain a nonpayment proceeding.

Jemrock Realty Co. v. Valdes: NYLJ, p. 21, col. 4 (4/20/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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