RENT

Did Landlord Wait Too Long to Seek Rent in Eviction Proceeding?

August 27, 2019    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $28,708. Tenant claimed that landlord waited too long to seek payment of rent owed, and that the delay was unreasonable and inexcusable...

Rent Demand Included Excessive Late Fee Claim

August 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was defective. The rent demand included a claim for a late fee that tenant...

Landlord Didn't Provide Rent Receipts to Tenant

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $11,575 at$1,479 per month for the period between July 2018 to January 2019 plus $1,221 for June 2018. Tenant claimed...

Tenant Excused from Apparent Default During Probation Period

August 26, 2019    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, putting tenant on probation for a year with tenant agreeing to pay monthly rent in certified...

Landlord Can't Get Back Rent from Tenant Who Moved Out Under Surrender Agreement

August 21, 2019    

Landlord sued former rent-stabilized tenant for unpaid rent after tenant moved out of the apartment. The court ruled against landlord, who appealed and lost. Tenant moved out after landlord sued to evict tenant and...

Court to Set Amount of Monthly Use and Occupancy Based on DHCR Determination of Legal Rent

August 12, 2019    

Landlord sued tenants for ejectment and to recover damages for use and occupancy. The court ruled for landlord in part, entering a default judgment against tenants, but denied landlord's request for prospective...

Change in Number of Units Without C of O Means Landlord Can't Collect Rent

July 13, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that no rent was owed under Multiple Dwelling Law (MDL) Section 302. The court ruled for tenant and dismissed the case. Landlord appealed and lost...

Landlord Can't Evict Tenant Who Got Rent Subsidy Reinstated

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for breaching her lease by failing to maintain her Section 8 benefits. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had...

Tenant Must Pay Post-Petition Use and Occupancy While Eviction Case Pending

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord requested payment of use and occupancy under Real Property Actions and Proceedings Law Section 745(2). The court ruled for...

Tenant Gets 15 Percent Rent Abatement for Period Without Gas

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement for lack of gas in his apartment. Con Ed had shut off gas for the entire building in December 2017. The gas was restored to...

Rent Abatement of 85 Percent Reduced Substantially by Appeals Court

June 17, 2019    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord in part but gave tenant an 85 percent rent abatement for the 19-month period in dispute. Landlord appealed and won, in part....

Landlord Can't Collect Unpaid Rent from Tenants

June 17, 2019    

Landlord sued to evict 19 tenants for nonpayment of rent. The trial court dismissed the cases because the building lacked a valid Certificate of Occupancy (C of O) and therefore tenants had a valid defense that no...