Landlord's Chronic Nonpayment Claim Was Insufficient

December 25, 2018

LVT Number: #29824

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to start three nonpayment proceedings against tenant and that this indicated tenant's violation of a substantial obligation of her lease for failure to pay rent. The court ruled against landlord and dismissed the case. Only one of the prior cases was a viable nonpayment proceeding. This wasn't a sufficient basis for a chronic nonpayment claim, especially since the court needed to appoint a guardian ad litem (GAL) for tenant in this case. 

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to start three nonpayment proceedings against tenant and that this indicated tenant's violation of a substantial obligation of her lease for failure to pay rent. The court ruled against landlord and dismissed the case. Only one of the prior cases was a viable nonpayment proceeding. This wasn't a sufficient basis for a chronic nonpayment claim, especially since the court needed to appoint a guardian ad litem (GAL) for tenant in this case. 

255 E LLC v. Baldavac: Index No. 66149/2017, NYLJ No. 1542624188 (Civ. Ct. Bronx; 11/13/18; Lutwak, J)

Topics

More like this