EVICTION

Court Applies Good Cause Eviction Law to Dismiss Holdover Proceeding Based on Nonpayment

October 28, 2024    

Landlord sued to evict tenant after a 90-day nonrenewal notice expired. Landlord claimed that it wasn't renewing the lease because tenant owed more than $30,000 in back rent. The case was commenced after the Good...

Good Cause Eviction Law Applied to Case Commenced After April 20, 2024

October 26, 2024    

Landlord of a two-family house sued to evict tenant after her lease term ended and after serving a 90-day termination notice on Nov. 16, 2023. In response to the eviction petition, tenant claimed that the Good Cause...

Eviction Proceeding Was Commenced Before Good Cause Eviction Law Applied

October 26, 2024    

Landlord of a one-family house sued to evict unregulated tenant on March 26, 2024, after having served a 30-day termination notice. The court assigned an initial return date of June 11, 2024. The case was adjourned...

Husband's Claim That Ex-Wife Was Squatter Denied by Court

October 25, 2024    

The owner of an upstate house sued to evict his ex-wife, claiming that she was a squatter in the house and had moved in during 2022 while he was out of the country. They had divorced in 2010 although they still owned...

Tenant Who Showed No Proof of Subtenancy Agreement Can't Sue to Evict Other Occupant

September 24, 2024    

Yonkers tenant sued to evict another apartment occupant he claimed was the subtenant of a room in his apartment. The occupant asked the court to dismiss the case, claiming that tenant had no standing to maintain a...

Acceptance of Rent Claimed in Nonpayment Petition Required Dismissal of Case

August 28, 2024    

Landlord sued to evict tenant in November 2022 for nonpayment of rent. Landlord obtained a default judgment of possession and eviction warrant against tenant after she failed to appear in court. On Dec. 14, 2022,...

Unnamed Occupant Discovered at Premises When Eviction Was Scheduled

August 27, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord and issued a judgment of possession and eviction warrant after tenant failed to comply with five separate settlement...

Landlord Gets Judgment for $350,000 in Back Rent in Ejectment Action

July 26, 2024    

Landlord sued to eject tenant for breach of contract and to recover money owed for nonpayment of rent and use and occupancy. The court ruled for landlord and issued a money judgment for rent and use and occupancy...

Trial Needed to Determine if Tenant Was Constructively Evicted Due to Vermin Condition

June 25, 2024    

Landlord sued former tenant, seeking a money judgment for unpaid rent arrears and other expenses. A default judgment was entered after tenant failed to appear in court. Tenant later obtained legal counsel and got the...

RPAPL Section 711 Amended to Clarify Definition of "Squatter"

May 23, 2024    

On April 20, 2024, as part of the annual Budget Bill, New York State amended Real Property Actions and Proceedings Law (RPAPL) Section 711, which defines who is included in a definition of a "tenant," to...

Commercial Tenant Claims He Was Unlawfully Evicted from Residential Camper

April 26, 2024    

Landlord sued to evict tenants from a commercially zoned unimproved lot that tenants used for commercial purposes. Tenants were evicted in February 2024, then one of them came back to court with an order to show...

Tenant Agreed to Vacate in Rabbinical Court Arbitration Proceeding

April 26, 2024    

Landlord sued to evict tenant. Previously, both sides had submitted to arbitration before a rabbinical court (Bet Din). That court ruled that tenant had to vacate the apartment by Feb. 23, 2023, one year from the...