Landlord Can't Seek Accelerated Rent in Eviction Case
LVT Number: #23767
Landlord sued to evict tenant for nonpayment of rent. Tenant failed to appear in court, and landlord then asked the court for a money judgment for the entire amount due under tenant's lease, past and future. Tenant's lease contained an acceleration clause. The court ruled against landlord. Technically, the future or accelerated rent wasn't "rent due" but damages for breaking the lease agreement. The court didn't have the authority to award the future rent in a summary eviction proceeding. The court awarded landlord $9,000 in back rent plus attorney's fees.
Pfeiffer v. Larrea: Index No. LT-004722-11, NYLJ No. 1202528236994 (Dist. Ct. Nassau; 10/21/11; Fairgrieve, J)