Landlord Didn't Prove Chronic Nonpayment of Rent

August 31, 2003

LVT Number: 16774

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord had sued tenant for nonpayment six times in five years. The court ruled against landlord. In the prior cases, landlord had signed settlement agreements by which it agreed to make repairs. This showed that tenant had a valid breach of the warranty of habitability defense. Tenant also showed that in the prior cases, rent was due based on delay or misapplication of payments by DSS. This wasn't a case of unjustified, repeated failure to pay rent as it became due.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord had sued tenant for nonpayment six times in five years. The court ruled against landlord. In the prior cases, landlord had signed settlement agreements by which it agreed to make repairs. This showed that tenant had a valid breach of the warranty of habitability defense. Tenant also showed that in the prior cases, rent was due based on delay or misapplication of payments by DSS. This wasn't a case of unjustified, repeated failure to pay rent as it became due.

601 West Realty LLC v. Chapa: NYLJ, 8/20/03, p. 19, col. 5 (Civ. Ct. NY; Schreiber, J)

Topics

More like this