Landlord Can Seek 17 Months of Back Rent Owed

Facts: Landlord sued to evict tenant because tenant owed 17 months of back rent. Tenant claimed that landlord had waited too long and so couldn't collect that much back rent. Landlord claimed that it first wanted to settle all the issues remaining from a prior nonpayment case. The prior case was settled by landlord giving tenant a rent abatement and agreeing to make repairs. When tenant refused to give access, landlord went back to court and got access by court order. Landlord waited until repairs were made to start a new nonpayment case. Court: Landlord wins. Although landlord waited too long and could have started the new nonpayment case before repairs were completed, tenant wasn't harmed by landlord's delay. Tenant was still able to pay the back rent owed, since he had paid it into court while the case was pending.

Bromley Co. v. Levine: NYLJ, 11/15/00, p. 27, col. 4 (Civ. Ct. NY; Alpert, J)