Tenant Evicted for Chronic Nonpayment of Rent

LVT Number: 16903

(Decision submitted by Andrew Bittens of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Landlord proved that since 1991, it had sued tenant 19 times for nonpayment. Many times this resulted in default judgments and issuance of eviction warrants. Tenant would then agree to the back rent owed and become current before immediately defaulting again. Tenant also bounced many rent payment checks to landlord.

(Decision submitted by Andrew Bittens of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Landlord proved that since 1991, it had sued tenant 19 times for nonpayment. Many times this resulted in default judgments and issuance of eviction warrants. Tenant would then agree to the back rent owed and become current before immediately defaulting again. Tenant also bounced many rent payment checks to landlord. And because tenant didn't show that his chronic nonpayment was due to temporary financial problems, the court didn't give tenant any post-judgment delay of the eviction warrant.

First Ave. Village Corp. v. Foltz: Index No. 57051/03 (Civ. Ct. NY 10/14/03; Schneider, J) [4-pg. doc.]

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