Landlord Can't Get Rent Deposit

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord asked the court to require tenant to deposit rent while the case was pending in accordance with RPAPL Section 745. The court ruled against landlord. The law permits landlord's rent deposit request only upon the second of two delays asked for by tenant or upon the 30th day after the first appearance less any delays asked for by landlord, whichever is sooner. Landlord's request was made only 29 days after the case was first on the court's calendar and after only one request by tenant for a delay. In addition, tenant's first request for a delay wasn't granted solely because tenant wasn't ready. Landlord's attorney was in court without landlord on the first return date. Although the attorney stated that landlord was available and waiting for a phone call if appearance was necessary, this didn't prove that landlord was ready to go forward with a trial on the first court date.

564 Morgan Ave. Corp. v. Santos: NYLJ, p. 30, col. 4 (2/4/98) (Civ. Ct. Kings; Jacobson, J)