Tenant Had Valid Excuse for Nonpayment in Prior Cases

December 20, 2015

LVT Number: #26689

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord had brought seven nonpayment cases against tenant between 2008 and 2013. Each time tenant claimed that repairs were needed in the apartment. In two of the cases, tenant disputed the amount of rent owed. The court ruled for tenant and dismissed the chronic nonpayment case. Given the facts of the prior cases, landlord couldn’t show that tenant’s nonpayment was willful, unjustified, or without explanation.

 

 

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord had brought seven nonpayment cases against tenant between 2008 and 2013. Each time tenant claimed that repairs were needed in the apartment. In two of the cases, tenant disputed the amount of rent owed. The court ruled for tenant and dismissed the chronic nonpayment case. Given the facts of the prior cases, landlord couldn’t show that tenant’s nonpayment was willful, unjustified, or without explanation.

 

 
MRS II Realty LLC v. Guzman: Index No. 88223/13, NYLJ No. 1202741550151 (Civ. Ct. NY; 10/15/15; Katz, J)

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