Tenant Must Pay Post-Petition Use and Occupancy While Eviction Case Pending

June 24, 2019

LVT Number: #30194

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord requested payment of use and occupancy under Real Property Actions and Proceedings Law Section 745(2). The court ruled for landlord in part. Landlord had waited some time after the case started before requesting the use and occupancy payments. So the court didn't grant the request for retroactive use and occupancy. But tenant must pay monthly use and occupancy going forward while the case was pending.

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord requested payment of use and occupancy under Real Property Actions and Proceedings Law Section 745(2). The court ruled for landlord in part. Landlord had waited some time after the case started before requesting the use and occupancy payments. So the court didn't grant the request for retroactive use and occupancy. But tenant must pay monthly use and occupancy going forward while the case was pending.

BAE 193 Realty v. Rosales: Index No. 30606/2018, 2019 NY Slip Op 29116, NYLJ No. 1556526769 (Civ. Ct. Bronx; 4/17/19; Bacdayan, J)

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