Landlord Can Continue Nonpayment Case After Tenant Moves

June 30, 2008

LVT Number: #20526

Landlord sued to evict tenant for nonpayment of rent in December 2006. Tenant counterclaimed for breach of warranty of habitability. Tenant then asked the court to dismiss the case because he moved out of the apartment in February 2007. The court ruled for tenant and dismissed the case. The court said that landlord could start a plenary action against tenant for the money owed. Landlord appealed and won. The fact that tenant moved out after the nonpayment case was started didn't leave the housing court without authority to decide the case. The case was sent back to the housing court.

Landlord sued to evict tenant for nonpayment of rent in December 2006. Tenant counterclaimed for breach of warranty of habitability. Tenant then asked the court to dismiss the case because he moved out of the apartment in February 2007. The court ruled for tenant and dismissed the case. The court said that landlord could start a plenary action against tenant for the money owed. Landlord appealed and won. The fact that tenant moved out after the nonpayment case was started didn't leave the housing court without authority to decide the case. The case was sent back to the housing court.

Lido Realty, Inc. v. Thompson: NYLJ, 6/18/08, p. 34, col. 6 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Golia, JJ)

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