Landlord Can Seek Eviction of Month-to-Month Tenant

October 28, 2019

LVT Number: #30432

Landlord sued to evict unregulated tenant from two-family house for nonpayment of rent. Landlord claimed that tenant owed rent totalling $35,680 for the period between January 2018 and May 2019. Tenant asked the court to dismiss the case, claiming that landlord could seek rent only for the period that tenant was month-to-month, not for rent owed while tenant was previously under a lease. The court ruled against tenant since landlord's rent demand clearly set forth the amounts of rent claimed due.

Landlord sued to evict unregulated tenant from two-family house for nonpayment of rent. Landlord claimed that tenant owed rent totalling $35,680 for the period between January 2018 and May 2019. Tenant asked the court to dismiss the case, claiming that landlord could seek rent only for the period that tenant was month-to-month, not for rent owed while tenant was previously under a lease. The court ruled against tenant since landlord's rent demand clearly set forth the amounts of rent claimed due. A trial was needed to determine the facts, and tenant could amend his answer to add defenses or counterclaims not already raised.

Jaman Constr. Corp. v. Wasserman: Index No. 61007/19, NYLJ No. 1570790632 (Civ. Ct. Queens; 9/25/19; Poley, J)

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