Tenants Waited Too Long to Sue Landlord

September 30, 2011

LVT Number: #23626

Tenants sued landlord cooperative apartment owner, claiming breach of contract. Tenants moved into the apartment in 1995 and said that landlord orally gave them an option to buy for $7,500. They also claimed that landlord said portions of their rent payments would go toward the purchase. In 1998, tenants asked to purchase, but landlord ignored the request. Landlord asked the court to dismiss the case, claiming that it was untimely. The court agreed. Tenants' claim for breach of contract accrued in 1998 when they asked to buy. They waited 15 years before taking any action.

Tenants sued landlord cooperative apartment owner, claiming breach of contract. Tenants moved into the apartment in 1995 and said that landlord orally gave them an option to buy for $7,500. They also claimed that landlord said portions of their rent payments would go toward the purchase. In 1998, tenants asked to purchase, but landlord ignored the request. Landlord asked the court to dismiss the case, claiming that it was untimely. The court agreed. Tenants' claim for breach of contract accrued in 1998 when they asked to buy. They waited 15 years before taking any action. A lawsuit based on breach of contract must be started within six years from when the claim arises. Tenants waited too long.

Edmonds v. 8 Morningside Ave: Index No. 116036/10, NYLJ No. 1202513515090 (Sup. Ct. NY; 8/18/11; York, J)

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