Landlord Didn't Wait Too Long to Seek Back Rent from Tenant

April 30, 1997

LVT Number: 11448

Landlord sued to evict cooperative apartment tenant for nonpayment of rent. Landlord claimed tenant owed six years' rent. Tenant claimed that landlord had waited too long to sue for the back rent and asked the court to dismiss the case. The court ruled against tenant. Landlord's claim would be considered stale only if landlord delayed to tenant's detriment and didn't notify tenant that landlord would pursue the claim. In this case, landlord had sued tenant twice before for the back rent. The court had dismissed those cases due to procedural defects but stated that landlord could sue again.

Landlord sued to evict cooperative apartment tenant for nonpayment of rent. Landlord claimed tenant owed six years' rent. Tenant claimed that landlord had waited too long to sue for the back rent and asked the court to dismiss the case. The court ruled against tenant. Landlord's claim would be considered stale only if landlord delayed to tenant's detriment and didn't notify tenant that landlord would pursue the claim. In this case, landlord had sued tenant twice before for the back rent. The court had dismissed those cases due to procedural defects but stated that landlord could sue again. So tenant had actual notice that there was back rent owed from 1990.

36 E. 69 Corp. v. Morin: NYLJ, p. 29, col. 1 (4/2/97) (Civ. Ct. NY; Padilla, J)

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