Landlord Can Seek Eviction of Bankrupt Tenant

January 25, 2016

LVT Number: #26736

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because she had filed for bankruptcy. The court ruled against tenant who appealed and won. Although tenant’s discharge in bankruptcy absolved her from personal liability for the 12-month rent arrears sought by landlord, it didn’t bar landlord from seeking tenant’s eviction based on nonpayment. However, tenant eventually tendered, and landlord accepted, the full amount of the claimed rent arrears. So execution on the eviction was permanently stayed.

 

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because she had filed for bankruptcy. The court ruled against tenant who appealed and won. Although tenant’s discharge in bankruptcy absolved her from personal liability for the 12-month rent arrears sought by landlord, it didn’t bar landlord from seeking tenant’s eviction based on nonpayment. However, tenant eventually tendered, and landlord accepted, the full amount of the claimed rent arrears. So execution on the eviction was permanently stayed.

 

 

 

Cey Realty Associates LLC v. Pettway: 49 Misc.3d 152(A), 2015 NY Slip Op 51766(U) (App. T. 1 Dept.; 12/4/15; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

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