Landlord Previously Rejected Tenant's Rent Payments

September 20, 2013

LVT Number: #25046

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed rent for at least eight months. Tenant claimed that it had sent rent payments, which landlord rejected during a time it disputed whether tenant was the rightful apartment tenant. Tenant asked the court to dismiss the case. The court ruled for tenant. Based on the history of rejected payments, and the fact that the rent sought had been paid on time but refused, landlord couldn't seek tenant's eviction based on nonpayment. The case was dismissed.

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed rent for at least eight months. Tenant claimed that it had sent rent payments, which landlord rejected during a time it disputed whether tenant was the rightful apartment tenant. Tenant asked the court to dismiss the case. The court ruled for tenant. Based on the history of rejected payments, and the fact that the rent sought had been paid on time but refused, landlord couldn't seek tenant's eviction based on nonpayment. The case was dismissed.

Windemere Owners LLC v Mullu: Index No.L&T 51163/2013, NYLJ No. 12026138594 (Civ. Ct. NY; 8/7/13; Kraus, J)

Topics

More like this