Chronic Nonpayment Doesn't Amount to Nuisance

November 1, 1993

LVT Number: 8332

Landlord sued to evict tenant for nuisance because tenant chronically paid his rent late. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Even though landlord repeatedly had to sue tenant to collect rent owed, this didn't amount to nuisance without some additional aggravating circumstances. Chronic nonpayment of rent is more properly a ground for eviction based on substantial violation of tenancy.

Landlord sued to evict tenant for nuisance because tenant chronically paid his rent late. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Even though landlord repeatedly had to sue tenant to collect rent owed, this didn't amount to nuisance without some additional aggravating circumstances. Chronic nonpayment of rent is more properly a ground for eviction based on substantial violation of tenancy.

Matter of Carol Management: NYLJ, p. 33, col. 3 (10/28/93) (App. Div. 2 Dept.; Bracken, JP, Sullivan, Eiber, Pizzuto, JJ)

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