Landlord Can't Evict Tenant for Nonpayment Where No Lease in Effect

September 24, 2024

LVT Number: #33388

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, based on rent owed between March 2020 and May 2021 totalling $34,495. At trial, it was shown that after a prior rent-stabilized lease expired in February 2020, no payments were made and that no new rent-stabilized lease was entered between the parties. After landlord presented its case, tenant asked the court to dismiss the matter because landlord couldn't maintain a nonpayment proceeding without a rental agreement. The court agreed and ruled for tenant. Landlord appealed and lost.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, based on rent owed between March 2020 and May 2021 totalling $34,495. At trial, it was shown that after a prior rent-stabilized lease expired in February 2020, no payments were made and that no new rent-stabilized lease was entered between the parties. After landlord presented its case, tenant asked the court to dismiss the matter because landlord couldn't maintain a nonpayment proceeding without a rental agreement. The court agreed and ruled for tenant. Landlord appealed and lost. A nonpayment proceeding must be based on a rental agreement in effect at the time the proceeding is commenced. Since there was none here, the proceeding was properly dismissed. 

41 Kew Gardens Rd. Assoc. LLC. v. Munarov: 2024 NY Slip Op 51165(U), 83 Misc.3d 132(A)(App. T. 2 Dept.; 8/2/24; Buggs, JP, Toussaint, Hom, JJ)

Topics

More like this