Landlord Can Evict Tenant for Chronic Nonpayment of Rent

(Decision submitted by David M. Berger of the Brooklyn law firm of Tenenbaum & Berger, LLP, who represented the landlord.)

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant claimed that landlord failed to first send a notice to cure, that any late payment was insufficient to prove chronic nonpayment, and that she should be permitted to cure by paying six months’ rent in advance. The court ruled for landlord. First, no notice to cure was required in a chronic nonpayment case. Second, landlord proved chronic nonpayment. Tenant never sought any rent abatement for apartment conditions, never showed any financial difficulties, and otherwise failed to show that her failure to pay rent on time wasn’t willful. After a probation period set in a prior court case ended in 2006, tenant resumed late payment, and landlord had to commence three additional nonpayment proceedings. Since tenant already had many nonpayment judgments entered against her, there was no legitimate basis for her inability to pay the rent, and the court wouldn’t permit any further cure.

1035 Washington Realty LLC v. Harley: L&T Index No. 052028/09 (2/22/10) (Civ. Ct. Kings; Lansden, J) [6-pg. doc.]