Landlord's Claim for Chronic Nonpayment Dismissed

January 27, 2016

LVT Number: #26765

Landlord sued to evict tenant for violating her lease by chronic nonpayment of rent. The court granted tenant’s request to dismiss the case. A prior case based on chronic nonpayment was settled and converted to a nonpayment proceeding without reserving any right to base a later chronic nonpayment claim on those cases. That case was based on four nonpayment proceedings that landlord relied on in the new case. Also, one of the six nonpayment proceedings relied upon by landlord in the new chronic nonpayment case was more than six years old and therefore couldn’t be considered.

Landlord sued to evict tenant for violating her lease by chronic nonpayment of rent. The court granted tenant’s request to dismiss the case. A prior case based on chronic nonpayment was settled and converted to a nonpayment proceeding without reserving any right to base a later chronic nonpayment claim on those cases. That case was based on four nonpayment proceedings that landlord relied on in the new case. Also, one of the six nonpayment proceedings relied upon by landlord in the new chronic nonpayment case was more than six years old and therefore couldn’t be considered. The time limit for claims based on breach of a contractual obligation was six years.

 

 

 
625 Jackson Realty Co., LLC v. Mejias: Index No. 29942/15, NYLJ No. 1202745485351 (Civ. Ct. Bronx; 11/29/15; Sanchez, J)

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