Rent-Controlled Tenant Must Pay Rent on Time Despite No Lease

March 7, 2007

LVT Number: 19355

Landlord sued to evict rent-controlled tenant for chronic late payment of rent. Tenant asked the court to dismiss the case. Tenant pointed out that he had no written lease, and therefore, he had no obligation to pay rent on any certain date. The court ruled against tenant. If tenant didn't have to pay rent each month, arguably he would never have to pay rent. So tenant's argument made no sense. Rent was still due each month. Landlord could proceed with its claim that tenant violated a substantial obligation of his tenancy by chronically failing to pay his rent on time.

Landlord sued to evict rent-controlled tenant for chronic late payment of rent. Tenant asked the court to dismiss the case. Tenant pointed out that he had no written lease, and therefore, he had no obligation to pay rent on any certain date. The court ruled against tenant. If tenant didn't have to pay rent each month, arguably he would never have to pay rent. So tenant's argument made no sense. Rent was still due each month. Landlord could proceed with its claim that tenant violated a substantial obligation of his tenancy by chronically failing to pay his rent on time.

Seaman Arms LLC v. McMahon: NYLJ, 1/5/07, p. 23, col. 1 (Civ. Ct. NY; Finkelstein, J)

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