Landlord Waited Too Long to Seek Eviction

April 26, 2016

LVT Number: #26950

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed laches because landlord waited too long to start an eviction case based on nonpayment. The court ruled for tenant. Landlord sought back rent due since January 2010, claimed it was a non-for-profit organization, and thought that its attorney had previously commenced a nonpayment proceeding. Landlord claimed that tenant wasn’t prejudiced by its error. The court found that landlord failed to set forth a reasonable excuse for its delay.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed laches because landlord waited too long to start an eviction case based on nonpayment. The court ruled for tenant. Landlord sought back rent due since January 2010, claimed it was a non-for-profit organization, and thought that its attorney had previously commenced a nonpayment proceeding. Landlord claimed that tenant wasn’t prejudiced by its error. The court found that landlord failed to set forth a reasonable excuse for its delay. And tenant was prejudiced by the six-year delay since he worked only part-time, had a disabled husband receiving SSI, and would be unable to pay any of the back rent sought without seeking public assistance. The case was dismissed.

 

 

 

Grand Concourse East HDFC v. Lamberth-Nunez: Index No. 60064/15, NYLJ No. 1202753507489 (Civ. Ct. Bronx; 3/15/16; Hoyos, J)

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