No Prejudgment Interest to Landlord in Nonpayment Case

LVT Number: 17237

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded landlord prejudgment interest on the back rent. Landlord sought eviction when tenant hadn't paid the prejudgment interest. The court ruled against landlord. Landlord appealed and lost. A nonpayment case to recover possession of an apartment can be based only on tenant's default in the payment of rent. After the judgment for landlord, tenant paid the legal rent that the court ruled was due. Landlord could get only a money judgment for the prejudgment interest.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded landlord prejudgment interest on the back rent. Landlord sought eviction when tenant hadn't paid the prejudgment interest. The court ruled against landlord. Landlord appealed and lost. A nonpayment case to recover possession of an apartment can be based only on tenant's default in the payment of rent. After the judgment for landlord, tenant paid the legal rent that the court ruled was due. Landlord could get only a money judgment for the prejudgment interest. If the court awarded landlord possession for nonpayment of the prejudgment interest, it would be permitting eviction for nonpayment of money in excess of the legal rent.

Fasal v. La Villa: NYLJ, 3/25/04, p. 29, col. 6 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)