Trial Needed on Landlord's Claim of Chronic Nonpayment of Rent

November 1, 2006

LVT Number: 19220

Landlord sued to evict tenant based on chronic nonpayment of rent. Tenant asked the court to dismiss the case, arguing a waiver. Landlord's termination notice stated that tenant had violated her 2003 lease by not paying rent on time. But landlord's claim was based on incidents of nonpayment that, in some cases, took place before 1998. The court ruled that a trial was needed to determine whether tenant chronically paid rent late in violation of her lease and whether landlord intended to waive any rights.

Landlord sued to evict tenant based on chronic nonpayment of rent. Tenant asked the court to dismiss the case, arguing a waiver. Landlord's termination notice stated that tenant had violated her 2003 lease by not paying rent on time. But landlord's claim was based on incidents of nonpayment that, in some cases, took place before 1998. The court ruled that a trial was needed to determine whether tenant chronically paid rent late in violation of her lease and whether landlord intended to waive any rights.

Glenn Gardens Assocs. LP v. Peck: NYLJ, 10/4/06, p. 23, col. 1 (Civ. Ct. NY; Schreiber, J)

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