Landlord Didn't Delay in Starting Lawsuit

LVT Number: 8762

Facts: Landlord sued to evict tenant for nonpayment of rent in August 1993. Landlord sought back rent for January through August 1993. By October 1993, landlord and tenant, through their attorneys, signed a stipulation by which tenant acknowledged he owed back rent and agreed to pay. By March 1994, tenant still owed back rent, and landlord asked the court to issue an eviction warrant. Tenant then claimed that landlord had delayed the start of the nonpayment action and, therefore, couldn't make a claim for back rent. Court: Tenant loses.

Facts: Landlord sued to evict tenant for nonpayment of rent in August 1993. Landlord sought back rent for January through August 1993. By October 1993, landlord and tenant, through their attorneys, signed a stipulation by which tenant acknowledged he owed back rent and agreed to pay. By March 1994, tenant still owed back rent, and landlord asked the court to issue an eviction warrant. Tenant then claimed that landlord had delayed the start of the nonpayment action and, therefore, couldn't make a claim for back rent. Court: Tenant loses. In this case, landlord hadn't sat on its rights to lull tenant into a false sense of security. Through July 1993, landlord had accepted partial rent payments from tenant while tenant was trying to get assistance from the Department of Social Services (DSS). But tenant still owed back rent after getting some money from DSS.

2474 Grand Avenue Corp. v. Wheeler: NYLJ, p. 24, col. 4 (4/20/94) (Civ. Ct. Bronx; Fiorella, J)