Mentally Incapacitated Tenant Can Vacate Default

April 1, 1999

LVT Number: 13127

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Landlord knew, or had reason to know, that tenant was a mentally incapacitated person incapable of protecting her interests. A guardian was appointed for tenant, and the case was sent back so that tenant could raise whatever legal defenses she had to landlord's claim for back rent.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Landlord knew, or had reason to know, that tenant was a mentally incapacitated person incapable of protecting her interests. A guardian was appointed for tenant, and the case was sent back so that tenant could raise whatever legal defenses she had to landlord's claim for back rent.

Hotel Preservation v. Byrne: NYLJ, p. 26, col. 1 (3/12/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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