Landlord Can Evict Tenant Based on Chronic Nonpayment of Rent

February 21, 2019

LVT Number: #29921

Landlord sued to evict rent-stabilized tenant for substantially breaching his lease and/or creating a nuisance by continuously failing to pay his rent on time. Landlord claimed that it had to commence seven nonpayment proceedings against tenant within a seven-year period. The court ruled for landlord. Although tenant's nonpayment didn't amount to a nuisance, it did constitute a breach of the lease. Landlord showed that it commenced seven nonpayment proceedings against tenant in seven years, where at least two months of rent or more were owed when court papers were filed.

Landlord sued to evict rent-stabilized tenant for substantially breaching his lease and/or creating a nuisance by continuously failing to pay his rent on time. Landlord claimed that it had to commence seven nonpayment proceedings against tenant within a seven-year period. The court ruled for landlord. Although tenant's nonpayment didn't amount to a nuisance, it did constitute a breach of the lease. Landlord showed that it commenced seven nonpayment proceedings against tenant in seven years, where at least two months of rent or more were owed when court papers were filed. While tenant argued that he was compelled to withhold rent to compel repairs in he didn't raise that claim in most of the seven nonpayment cases. 

Time Equities Associates LLC v. McKenith: 62 Misc.3d 1212(A), 2019 NY Slip Op 50123(U) (Civ. Ct. NY; 1/29/19; Capell, J)

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