Tenant Claims Landlord's Rent Demand Is Stale

May 31, 2011

LVT Number: #23432

Landlord sued to evict rent-stabilized tenant for nonpayment of rent due from July 2010 through September 2010. Tenant claimed that some of the arrears sought by landlord actually were for periods more than six months before rent was demanded. The court ruled that a trial was needed to determine the facts. Tenant must show that landlord delayed in presenting its rent claim to tenant's detriment. If done, landlord must then show a reasonable excuse for the delay. Generally, the court won't permit a possessory judgment based on back rent that's over six months old.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent due from July 2010 through September 2010. Tenant claimed that some of the arrears sought by landlord actually were for periods more than six months before rent was demanded. The court ruled that a trial was needed to determine the facts. Tenant must show that landlord delayed in presenting its rent claim to tenant's detriment. If done, landlord must then show a reasonable excuse for the delay. Generally, the court won't permit a possessory judgment based on back rent that's over six months old. But tenant's most recent rental payments may be applied to the oldest outstanding rent, unless there's an agreement or specification to the contrary.

Westhab, Inc. v. Friend: NY Slip Op 50815(U), 2011 WL 1782107 (City Ct. Mt. Vernon; 5/10/11; Seiden, J)

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