Landlord Can't Seek Eviction

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed more than $20,000 for the months between August 2007 and April 2009. Tenant asked the court to dismiss the case. Tenant claimed that landlord was barred from seeking eviction for a stale rent claim. The court ruled for tenant in part. Landlord failed to show a reasonable excuse for its delay in bringing the proceeding. Prior proceedings against tenant started by landlord didn't justify its delay in seeking rent or use and occupancy fees. Landlord could seek a possessory judgment at trial only for back rent due during the one-year period before it sent tenant a rent demand. Landlord could otherwise obtain only a money judgment for any prior outstanding back rent owed.

Bldg Management Co., Inc. v. Bonifacio: NYLJ, 12/9/09, p. 27, col. 3 (Civ. Ct. NY; Lebovits, J)