Landlord Claims Chronic Nonpayment of Rent

September 30, 2000

LVT Number: 14423

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court dismissed the case. Although landlord had started five nonpayment cases against tenant within a two-year period, at least two of the cases were settled by agreement. In the settled cases, tenant had withheld rent based on landlord's failure to make repairs. And landlord had agreed to make repairs or correct violations. So landlord couldn't claim that tenant repeatedly didn't pay rent for no reason.

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court dismissed the case. Although landlord had started five nonpayment cases against tenant within a two-year period, at least two of the cases were settled by agreement. In the settled cases, tenant had withheld rent based on landlord's failure to make repairs. And landlord had agreed to make repairs or correct violations. So landlord couldn't claim that tenant repeatedly didn't pay rent for no reason.

Bennett v. Mentis: NYLJ, 9/13/00, p. 22, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel- Jacob, JJ)

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