Landlord Waited Too Long to Seek Rent in Eviction Proceeding

November 27, 2023

LVT Number: #32969

Landlord sued to evict tenant in 2021 for nonpayment of rent. Tenant asked the court to dismiss the case based on laches. Tenant also claimed lack of notice from landlord before starting the court case. The court ruled for tenant in part. Landlord's ledger showed that rent was owed going back to 2018, but landlord didn't sue tenant until June 2021. Landlord also didn't show that it made any attempts to collect the rent due before 2021 and didn't assert any reasonable excuse for its delay.

Landlord sued to evict tenant in 2021 for nonpayment of rent. Tenant asked the court to dismiss the case based on laches. Tenant also claimed lack of notice from landlord before starting the court case. The court ruled for tenant in part. Landlord's ledger showed that rent was owed going back to 2018, but landlord didn't sue tenant until June 2021. Landlord also didn't show that it made any attempts to collect the rent due before 2021 and didn't assert any reasonable excuse for its delay. So landlord couldn't seek unpaid rent for August 2018 through April 2021 in its nonpayment proceeding. Landlord could seek rent owed from May 2021 to August 2021.

 

 

Renaissance Equity Holding LLC v. Ford: Index No. 305861/2021, NYLJ No. 1697003034 (Civ. Ct. Kings; 10/3/23; McClanahan, J)

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