Landlord Can Seek Eviction of Tenant Who Declares Bankruptcy

January 1, 2004

LVT Number: 17032

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because he had obtained a discharge in bankruptcy. The court ruled for tenant. Landlord appealed, claiming that it could seek eviction even if it couldn't seek the back rent owed. The appeals court ruled for landlord. Tenant's bankruptcy discharge in January 2002 relieved her from personal liability for the back rent that landlord claimed was due from December 1999 to March 2001. But landlord was still entitled to seek tenant's eviction for nonpayment.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because he had obtained a discharge in bankruptcy. The court ruled for tenant. Landlord appealed, claiming that it could seek eviction even if it couldn't seek the back rent owed. The appeals court ruled for landlord. Tenant's bankruptcy discharge in January 2002 relieved her from personal liability for the back rent that landlord claimed was due from December 1999 to March 2001. But landlord was still entitled to seek tenant's eviction for nonpayment. The case was sent back for a trial on the merits.

1018 Development Co. v. Howard: NYLJ, 12/29/03, p. 25, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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