Landlord Didn't Wait Too Long to Start Case

LVT Number: 15018

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had waited too long to sue for accumulated back rent. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord had brought a prior eviction case against tenant. Tenant didn't pay use and occupancy while that case was pending, except as required by court order. Landlord lost the eviction case and immediately started the nonpayment case. Landlord didn't delay too long and was entitled to collect the back rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had waited too long to sue for accumulated back rent. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord had brought a prior eviction case against tenant. Tenant didn't pay use and occupancy while that case was pending, except as required by court order. Landlord lost the eviction case and immediately started the nonpayment case. Landlord didn't delay too long and was entitled to collect the back rent.

Fasan v. La Villa: NYLJ, 5/10/01, p. 20, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)