Landlord Can't Base Holdover Proceeding on Nonpayment of Rent

September 17, 2013

LVT Number: #25010

Landlord sued to evict tenant based on nonpayment of rent. But landlord filed a holdover proceeding instead of a nonpayment proceeding. The court ruled that this was procedurally incorrect and dismissed the case. Landlord can start a holdover proceeding based only on chronic nonpayment of rent. There was no claim here of chronic nonpayment. To allow landlord to maintain a holdover proceeding against a residential tenant based on isolated instances of nonpayment violated public policy.

 

Landlord sued to evict tenant based on nonpayment of rent. But landlord filed a holdover proceeding instead of a nonpayment proceeding. The court ruled that this was procedurally incorrect and dismissed the case. Landlord can start a holdover proceeding based only on chronic nonpayment of rent. There was no claim here of chronic nonpayment. To allow landlord to maintain a holdover proceeding against a residential tenant based on isolated instances of nonpayment violated public policy.

 

Union Senior Plaza, LLP v. Mavins: 40 Misc.3d 1221(A), 2012 NY Slip Op 51254 (Dist. Ct. Nassau; 8/2/13; Fairgrieve, J)

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