Landlord Waited 12 Months Before Starting Nonpayment Case

February 1, 1996

LVT Number: 10378

Landlord sued to evict tenant for nonpayment of rent. Tenant argued that landlord's claim was stale. The court agreed and pointed out that generally it will only permit an eviction case to go forward if the nonpayment claim is up to six months' old. Otherwise, landlords could let back rent build up as a means of evicting tenants. The court ruled for landlord but awarded a money judgment only of the two months' rent due from a year ago.

Landlord sued to evict tenant for nonpayment of rent. Tenant argued that landlord's claim was stale. The court agreed and pointed out that generally it will only permit an eviction case to go forward if the nonpayment claim is up to six months' old. Otherwise, landlords could let back rent build up as a means of evicting tenants. The court ruled for landlord but awarded a money judgment only of the two months' rent due from a year ago.

Ludlow Street Development Corp. v. Petty: NYLJ, p. 30, col. 4 (1/3/96) (City Ct. Yonkers; Nocca, J)

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