Landlord Can Sue Month-to-Month Tenant for Nonpayment

Landlord sued to evict month-to-month tenant for nonpayment of rent. Tenant asked the court to dismiss the case. He claimed that as a matter of law and procedure a landlord couldn't bring a nonpayment proceeding against a month-to-month tenant. If landlord sought eviction, it had to start a holdover proceeding after serving a 30-day termination notice. The court ruled against tenant. An appeals court had ruled in another recent case that Real Property Law Section 232-c didn't abolish landlord's right to elect to hold a month-to-month tenant for a new term solely by virtue of holding over. The making of a rent demand and the commencement of a nonpayment proceeding constituted a decision by landlord to treat a tenant holding over into a new month as a continuing tenant, not a trespasser.

Bay Ridge Minerva Lodge v. Lefebvre: Index No. L&T105748/12, NYLJ No. 1202598464102 (Civ. Ct. Kings; 4/23/13; Finkelstein, J)