Landlord owner of a condominium unit sued to eject the apartment tenants in 2021 after serving a 90-day termination notice. The tenants’ lease had ended and they had remained in the unit as month-to-month tenants while prior landlord sought but failed to obtain its lender’s approval to sell the unit to the tenants. Tenants, by […]
Read moreEVICTION
Articles from: EVICTION
Tenant’s Late Payment of Rent Wasn’t Good Cause to Terminate Tenancy
Landlord sued to evict unregulated tenant in a holdover proceeding, claiming that it had good cause to evict based on tenant’s failure to pay rent. The trial court ruled against landlord. The building wasn’t subject to rent stabilization because it was built in 2020. Rent payment records presented by landlord showed that tenant didn’t always […]
Read moreSelf-Help Eviction of Non-Transient Hotel Resident Was Improper
A hotel occupant sued landlord for illegal lockout. At trial, he testified that he started living in Room 505 at the building in April 2024 and that, although the electronic key for the door at this room no longer worked, he never moved out and his clothes remained there. Landlord claimed that the occupant was […]
Read moreBrother Can’t Evict Immigrant Family Members as Licensees
A brother sued to evict his sister and niece from their shared Glen Cove home after serving a 10-day notice to quit. Relying on RPAPL Section 713, he claimed that they were licensees. The court disagreed, finding that the sister and niece qualified for the statute’s “familial exception” defense and couldn’t be evicted as […]
Read moreEviction Proceeding Dismissed for Failure to Sufficiently State Good Cause
Landlord sued to evict tenant after serving a 90-day notice that it was not renewing tenant’s lease. Landlord claimed that tenant had failed to pay rent for over five years, and that the HDFC was placing tenant’s unit up for sale. Landlord also included a Good Cause Eviction (GCE) notice stating that the apartment wasn’t […]
Read moreLandlord Can’t Sue to Evict Deceased Tenant’s Unrepresented Estate
Landlord sued to evict the estate of a deceased tenant from an apartment after tenant died. The court denied landlord’s request for a default judgment when the tenant’s estate didn’t appear in court. Landlord appealed and lost at the Appellate Term, then appealed further. The First Dept. again ruled against landlord. Effective June 14, […]
Read moreEvicted Tenant’s Motion for Restoration to Apartment Denied
Landlord sued to evict tenant for nonpayment of rent. The parties signed a so-ordered court settlement in April 2024. Tenant agreed to make installment payments of back rent owed while continuing to pay monthly rent. A money judgment was entered for $24,440 and an eviction warrant was issued but stayed pending required payments. Tenant was […]
Read moreUniversity Can Evict Student Who Was No Longer Enrolled
Licensor university sued to evict student-occupant from an apartment after student violated the occupancy agreement by failing to maintain full-time student status. The court denied landlord’s request for a ruling without trial and refused to strike the student’s retaliatory eviction defense. Landlord appealed and won. It was undisputed that the student had been dismissed from […]
Read moreTenants’ Request to Be Restored to Possession Post-Eviction Denied
Landlord sued to evict tenants. The court ruled for landlord, and tenants were evicted. Tenants then asked the court to restore them to possession post-eviction. The court ruled against tenants, who appealed and lost. The lower court did not abuse its discretion by denying tenants’ application. The appeals court had previously dismissed tenants’ appeal as […]
Read moreLandlord Can Eject Tenant for Nonpayment Despite Lease Renewal Dispute
(Decision submitted by Janey Samuel of the Manhattan law firm of Rose & Rose, attorneys for the landlord.) Landlord sued to eject rent-stabilized tenant for nonpayment of rent and sought rent arrears totaling $114,036, for the period between February 2018 and July 2023 as cited in a DHCR rent overcharge order plus additional back rent […]
Read more

