Landlord Didn't Prove Chronic Nonpayment

December 20, 2015

LVT Number: #26682

Landlord sued to evict tenant for substantially breaching her lease by chronic nonpayment of rent. Landlord claimed that it had to bring four nonpayment proceedings against tenant in the prior four years. Tenant asked the court to dismiss the case, claiming that this was insufficient grounds for eviction. The court ruled for tenant and dismissed the case. Landlord not only had to show that it was forced to bring numerous nonpayment cases within a short period of time but that tenant’s nonpayment was willful or unjustified.

Landlord sued to evict tenant for substantially breaching her lease by chronic nonpayment of rent. Landlord claimed that it had to bring four nonpayment proceedings against tenant in the prior four years. Tenant asked the court to dismiss the case, claiming that this was insufficient grounds for eviction. The court ruled for tenant and dismissed the case. Landlord not only had to show that it was forced to bring numerous nonpayment cases within a short period of time but that tenant’s nonpayment was willful or unjustified. Landlord obtained a judgment in only one of the three nonpayment cases. The other three cases were dropped after tenant paid the rent owed. 

 

 

 
2647 Sedgwick, LLC v Melo: Index No. 3066/15, NYLJ No. 1202742869217 (Civ. Ct. Bronx; 11/5/15; Thermos, J)

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