Court Grants $19K Money Judgment to Landlord for Former Tenants' Rent Arrears
LVT Number: #32295
Landlord sued to evict tenants for nonpayment for rent arrears covering periods between August 2018 to August 2019. Landlord obtained a judgment of possession and tenants were evicted in 2019. Landlord later sued tenants for unpaid rent. Tenants claimed that: (1) they didn't owe the debt; (2) the debt was discharged; (3) the matter was a tax issue; and (4) their income was exempt from collection. At trial, landlord testified that tenants remained in the apartment without signing a renewal lease, paid use and occupancy until August 2018, and owed $19,609 at the time of their eventual eviction. One tenant claimed that he tendered payment for the entire amount due with a Bonded Bill of Exchange.
The court rejected this claim and refused to offset tenants' rent arrears obligation. The court stated that the bill wasn't a negotiable instrument for payment. The court ruled for landlord and issued a judgment for the full amount sought.
Parkchester Preserv. Co., LP v. Housen: Index No. CV-013949/20, 2022 NY Slip Op 50854(U), 2022 NY Slip Op 50854(U)(Civ. Ct. Bronx; 9/2/22;Powell, J)