Landlord Can't Sue for Nonpayment of Future Rent

October 31, 2011

LVT Number: #23708

Landlord sued to evict tenant for nonpayment of rent owed for the period between July 15, 2011, and March 15, 2013. The court dismissed the case. Tenant's lease said that rent was due in monthly installments for tenant's convenience only and that, if tenant didn't pay monthly rent, landlord could demand the entire amount due for the lease period. But the District Court didn't have the authority to enforce this acceleration clause. The accelerated rent wasn't "rent due." It was contractual damages that couldn't be recovered in a summary eviction proceeding.

Landlord sued to evict tenant for nonpayment of rent owed for the period between July 15, 2011, and March 15, 2013. The court dismissed the case. Tenant's lease said that rent was due in monthly installments for tenant's convenience only and that, if tenant didn't pay monthly rent, landlord could demand the entire amount due for the lease period. But the District Court didn't have the authority to enforce this acceleration clause. The accelerated rent wasn't "rent due." It was contractual damages that couldn't be recovered in a summary eviction proceeding.

Pfeiffer v. Larrea: 33 Misc.3d 1212(A), 2011 NY Slip Op 51909(U) (Dist. Ct. Nassau; 10/21/11; Fairgrieve, J)

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