Landlord's Claim for Back Rent Is Stale

July 31, 2000

LVT Number: 14315

Landlord sued to evict tenant for nonpayment of rent. In September 1998, landlord and tenant signed a settlement agreement. Tenant agreed to pay back rent owed, and all payments were to be applied first to current rent. More than two years later, landlord asked the court to restore the case. Tenant had paid current rent, but hadn't paid the back rent owed under the agreement. The court ruled against landlord. Landlord waited so long to enforce the agreement that its claim for the back rent was now stale.

Landlord sued to evict tenant for nonpayment of rent. In September 1998, landlord and tenant signed a settlement agreement. Tenant agreed to pay back rent owed, and all payments were to be applied first to current rent. More than two years later, landlord asked the court to restore the case. Tenant had paid current rent, but hadn't paid the back rent owed under the agreement. The court ruled against landlord. Landlord waited so long to enforce the agreement that its claim for the back rent was now stale. Landlord would have to start a plenary case if it wanted to recover the back rent owed under the agreement.

Riverstone House Hous. Co. v. Nicholson: NYLJ, 7/26/00, p. 31, col. 5 (Civ. Ct. Kings; Silber, J)

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