Landlord Can't Seek Eviction for Nonpayment of Rent After Lease Expired

May 23, 2023

LVT Number: #32573

Landlord sued to evict tenant for nonpayment of rent after tenant's lease had expired. The court dismissed the case. Tenant had continued to pay rent after the lease expiration but then stopped paying. Under Real Property Actions & Proceedings Law (RPAPL) Section 711(2), when there is no lease in effect between the parties at the time a case is commenced, landlord can't maintain the summary eviction claim for nonpayment. The court pointed out that an appeals court had recently made a similar decision in the case of Fairfield Beach 9th LLC v. Shepard-Neely.

Landlord sued to evict tenant for nonpayment of rent after tenant's lease had expired. The court dismissed the case. Tenant had continued to pay rent after the lease expiration but then stopped paying. Under Real Property Actions & Proceedings Law (RPAPL) Section 711(2), when there is no lease in effect between the parties at the time a case is commenced, landlord can't maintain the summary eviction claim for nonpayment. The court pointed out that an appeals court had recently made a similar decision in the case of Fairfield Beach 9th LLC v. Shepard-Neely.

ZB Prospect Realty v. Olenick: Index No. 308104/20, 2023 NY Slip Op 23115, NYLJ No. 168295931 (Civ. Ct. Kings; 4/24/23; Weisberg, J)

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