Landlord Didn't Wait Too Long to Seek Back Rent

January 11, 2013

LVT Number: #24527

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed five months' back rent. Tenant asked the court to dismiss the case, claiming that landlord waited too long to start the eviction proceeding. The court ruled against tenant. Tenant didn't claim that he couldn't pay the back rent or prepare for trial because of landlord's delay. And, while some courts have ruled previously that a three-month delay was enough grounds to dismiss a case for laches, this court didn't agree. Landlord could go forward with its claim.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed five months' back rent. Tenant asked the court to dismiss the case, claiming that landlord waited too long to start the eviction proceeding. The court ruled against tenant. Tenant didn't claim that he couldn't pay the back rent or prepare for trial because of landlord's delay. And, while some courts have ruled previously that a three-month delay was enough grounds to dismiss a case for laches, this court didn't agree. Landlord could go forward with its claim.

101 Cooper Street LLC v. McCune: 37 Misc.3d 1231(A), 2012 NY Slip Op 52255(U) (Civ. Ct. NY; 12/12/12; Stoller, J)

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