Rent Deposit Order Invalid

February 1, 1998

LVT Number: 12098

Landlord sued to evict tenant. The court issued a rent deposit order under prior law conditioning a delay asked for by tenant upon payment of all outstanding back rent owed. Also, when tenant didn't comply with the rent deposit order, the court granted a final judgment for landlord without a trial. Tenant appealed and won. The rent deposit law in effect at the time required deposit only of ''all sums as they became due for future rent and use and occupancy.'' And when tenant didn't comply with the rent deposit order, the court should have held a trial.

Landlord sued to evict tenant. The court issued a rent deposit order under prior law conditioning a delay asked for by tenant upon payment of all outstanding back rent owed. Also, when tenant didn't comply with the rent deposit order, the court granted a final judgment for landlord without a trial. Tenant appealed and won. The rent deposit law in effect at the time required deposit only of ''all sums as they became due for future rent and use and occupancy.'' And when tenant didn't comply with the rent deposit order, the court should have held a trial. The case was sent back to the lower court for further proceedings.

River York Holding, Inc. v. Bigman: NYLJ, p. 29, col. 5 (1/20/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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