Landlord Can Bring Nonpayment Case Against Month-to-Month Tenant

January 14, 2013

LVT Number: #24563

Landlord sued to evict month-to-month tenant for nonpayment of rent. At the time of the trial, tenant argued that the case should be dismissed because there was no lease and landlord couldn't maintain a nonpayment proceeding against a month-to-month tenant. The court ruled for tenant without a trial and dismissed the case. Landlord appealed and won. Landlord could maintain the nonpayment proceeding.

Landlord sued to evict month-to-month tenant for nonpayment of rent. At the time of the trial, tenant argued that the case should be dismissed because there was no lease and landlord couldn't maintain a nonpayment proceeding against a month-to-month tenant. The court ruled for tenant without a trial and dismissed the case. Landlord appealed and won. Landlord could maintain the nonpayment proceeding. Delivery of the Rent Demand and commencement of the nonpayment proceeding constituted a choice by landlord to treat tenant as tenant for a new term after the prior month had expired, and was permissible under Real Property Law Section 232-c. The case was reopened for trial.

Tricarichi v. Moran: 2012 NY Slip Op 22395, 2012 WL 6778558 (App. T. 9th & 10th; 12/21/12; LaSalle, JP, Molia, Iannacci, JJ)

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