Tenant Claimed Advance Rent Payment Was Made While He Traveled

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled for landlord based on tenant’s default, and tenant was evicted in August 2016. The next day, tenant asked the court to be restored to possession. Tenant denied receiving landlord’s court papers, but the court believed landlord’s process server, who testified that the papers were properly delivered by conspicuous place service. Tenant, who retired in 1992, traveled to Thailand every year since then from December through June to teach English and paid his rent for that period in advance. Landlord claimed that it never received a check in December 2015 for the advance payment. The court ruled for tenant, finding that while he may have been careless about confirming receipt of rent payment, he no doubt mailed the advance payment to landlord. The 80-year-old tenant shouldn’t lose his 43-year tenancy. Re-renting of the apartment was stayed, and tenant would be restored to possession upon payment to landlord within two weeks of all outstanding rent, moving, and storage fees, and attorneys and marshal fees.

Delter Realty LLC v. Wilson: Index No. 87473/2015, NYLJ No. 1202769544414 (Civ. Ct. NY; 9/23/16; Weisberg, J)