Lease Clause on Rent Arrears Unenforceable

LVT Number: 8057

Landlord sued to evict loft tenant for nonpayment of rent. Landlord asked the court to bar tenant's answer in court because tenant didn't pay rent arrears and use and occupancy to the court clerk while the case was pending. Tenant's lease required this. The trial court refused, and landlord appealed. The appeals court agreed with the lower court that the lease clause landlord relied on was unenforceable. The clause violated law and public policy. Tenant had a right to answer landlord's petition without prepayment of arrears.

Landlord sued to evict loft tenant for nonpayment of rent. Landlord asked the court to bar tenant's answer in court because tenant didn't pay rent arrears and use and occupancy to the court clerk while the case was pending. Tenant's lease required this. The trial court refused, and landlord appealed. The appeals court agreed with the lower court that the lease clause landlord relied on was unenforceable. The clause violated law and public policy. Tenant had a right to answer landlord's petition without prepayment of arrears.

Lipkis v. Gilmour: NYLJ, p. 22, col. 2 (7/13/93) (App. T. 1 Dept.; Parness, PJ, Miller, McCooe, JJ)