EVICTION

Tenant Who Showed No Proof of Subtenancy Agreement Can't Sue to Evict Other Occupant

September 24, 2024    

Yonkers tenant sued to evict another apartment occupant he claimed was the subtenant of a room in his apartment. The occupant asked the court to dismiss the case, claiming that tenant had no standing to maintain a...

Acceptance of Rent Claimed in Nonpayment Petition Required Dismissal of Case

August 28, 2024    

Landlord sued to evict tenant in November 2022 for nonpayment of rent. Landlord obtained a default judgment of possession and eviction warrant against tenant after she failed to appear in court. On Dec. 14, 2022,...

Unnamed Occupant Discovered at Premises When Eviction Was Scheduled

August 27, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord and issued a judgment of possession and eviction warrant after tenant failed to comply with five separate settlement...

Landlord Gets Judgment for $350,000 in Back Rent in Ejectment Action

July 26, 2024    

Landlord sued to eject tenant for breach of contract and to recover money owed for nonpayment of rent and use and occupancy. The court ruled for landlord and issued a money judgment for rent and use and occupancy...

Trial Needed to Determine if Tenant Was Constructively Evicted Due to Vermin Condition

June 25, 2024    

Landlord sued former tenant, seeking a money judgment for unpaid rent arrears and other expenses. A default judgment was entered after tenant failed to appear in court. Tenant later obtained legal counsel and got the...

RPAPL Section 711 Amended to Clarify Definition of "Squatter"

May 23, 2024    

On April 20, 2024, as part of the annual Budget Bill, New York State amended Real Property Actions and Proceedings Law (RPAPL) Section 711, which defines who is included in a definition of a "tenant," to...

Commercial Tenant Claims He Was Unlawfully Evicted from Residential Camper

April 26, 2024    

Landlord sued to evict tenants from a commercially zoned unimproved lot that tenants used for commercial purposes. Tenants were evicted in February 2024, then one of them came back to court with an order to show...

Tenant Agreed to Vacate in Rabbinical Court Arbitration Proceeding

April 26, 2024    

Landlord sued to evict tenant. Previously, both sides had submitted to arbitration before a rabbinical court (Bet Din). That court ruled that tenant had to vacate the apartment by Feb. 23, 2023, one year from the...

New York Adopts Good Cause Eviction Law

April 26, 2024    

On April 20, 2024, New York State enacted the Good Cause Eviction Law, which limits evictions, requires lease renewals, and caps rent increase for most market-rate apartments in NYC and, potentially, other villages,...

Landlord Can't Prove Good Faith Intent to Withdraw Rent-Stabilized Apartment from Market

March 26, 2024    

Landlord applied to the DHCR in 2020 for a ruling granting permission to refuse to renew a rent-stabilized tenant's lease because it sought to remove the apartment from the rental market for its own business use...

Rent-Stabilized Tenant Had No Lease in Effect

March 9, 2024    

Landlord sued in August 2023 to evict rent-stabilized tenant for nonpayment of rent between August 2022 and June 2023. Among other things, tenant pointed out that she didn't have a renewal lease from 2019 through...

Court Must Determine Whether Martin Act Applies to Eviction Case Against Subtenant

January 22, 2024    

Landlord sued to evict apartment subtenant after sending a 60-day notice of nonrenewal and termination of residential subtenancy. Landlord asked the court to rule in its favor without a trial and grant possession...