Nonpayment Proceeding Dismissed Because There Was No Lease Between Landlord and Tenant

September 25, 2023

LVT Number: #32768

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because there was no lease between the parties. The court ruled for tenant. Tenant occupied the apartment under a month-to-month tenancy, and landlord had accepted ERAP funds for payment of tenant's rent. But the last lease between landlord and tenant expired on June 30, 2023, before landlord commenced the nonpayment proceeding. Because there was no lease, the case must be dismissed pursuant to RPAPL Section 711(2). 

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because there was no lease between the parties. The court ruled for tenant. Tenant occupied the apartment under a month-to-month tenancy, and landlord had accepted ERAP funds for payment of tenant's rent. But the last lease between landlord and tenant expired on June 30, 2023, before landlord commenced the nonpayment proceeding. Because there was no lease, the case must be dismissed pursuant to RPAPL Section 711(2). 

1779 81st Street LLC v. Mohamed: Index No. LT-302309-23, NYLJ No. 1692785332 (Civ. Ct. Kings; 8/18/23; Rumprecht-Behrens, J)

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