Landlord Can't Sue for Higher Rent

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant's lease had expired in 2003, and tenant remained as a month-to-month tenant. Landlord started charging tenant a higher rent than he had paid under his lease. Tenant stopped paying rent in June 2006. Tenant claimed that landlord can't sue a month-to-month tenant for nonpayment. Tenant argued that landlord must bring a holdover proceeding and seek use and occupancy fees. The court ruled for tenant in part. Landlord was entitled to bring a nonpayment proceeding. But because there was no proof of any agreement with tenant to pay a higher rent after tenant's lease expired, landlord could only sue for the amount of monthly rent last paid under tenant's lease. The case was dismissed. Landlord could bring a new eviction proceeding.

Ramos v. Ferderline: NYLJ, 1/16/08, p. 28, col. 1 (Civ. Ct. Kings; Fiorella, J)