Tenant Owes $35,000 in Back Rent

Facts: Landlord sued to evict tenant for nonpayment of rent after she'd lived in the apartment for 24 years. Both landlord and tenant contributed to the fact that the case was delayed for eight years. Tenant didn't dispute that she owed back rent, but argued that her disability allowance didn't cover her rent. By the time the court ruled for landlord, tenant owed $35,000 in back rent. Tenant appealed, arguing that landlord had deliberately delayed the trial so that she'd end up owing more back rent. She also claimed that landlord should only get $25,000 because he sent her a rent bill for that amount two months before the trial. Court: Landlord wins. Tenant owes all the back rent due up to the date of trial---$35,000. She admitted that she hadn't paid the rent for a long time, and didn't raise any defenses for her nonpayment. And landlord shouldn't be penalized by tenant's unfortunate financial circumstances.

Monroe, Inc. v. Nemeth: NYLJ, p. 25, col. 1 (10/25/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)