Tenant Must Pay Rent Despite Lack of Renewal Lease

Facts: Landlord sued to evict Yonkers tenant for chronic nonpayment of rent. Since 1988, landlord had sued tenant for nonpayment four times, each time for many months' back rent. Each time, the case was settled by stipulation. In each stipulation, tenant agreed that he was required to pay future rent. Tenant now claimed that landlord couldn't evict him because he had no lease. Tenant's last rent-stabilized lease had expired in December 1988, and landlord had never renewed it. Court: Landlord wins. Tenant wasn't relieved of his obligation to pay rent on time, even though landlord didn't give him a renewal lease. The court stipulations were written agreements by which tenant had repeatedly acknowledged his obligation to pay rent. Tenant also had waived his right to a renewal lease in the stipulations by agreeing to pay back rent and future rent with no renewal lease. Although, generally, tenant can't waive his rights under rent stabilization, tenant had signed the stipulations knowingly and intelligently, with a court's approval. And tenant actually benefitted from not having a renewal lease. He was still protected by ETPA, yet landlord couldn't raise his rent.

Goldcrest Realty Co. v. Valle: NYLJ, p. 26, col. 4 (1/19/94) (City Ct. Westchester; Nocca, J)