Judge Javier Vargas
Tenants moved for leave to amend their answer to assert an affirmative defense of laches, and for summary judgment in this nonpayment action by landlord, who sought payment of rent arrears. The petition alleged tenants failed to pay rent for over two years. Tenants claimed they attempted to pay, but were refused. They claimed landlord improperly delayed filing this action for stale rent arrears from 2011, permitting them to accumulate over $18,000 through 2013. Landlord denied being offered payment. It claimed it received notice of dismissal of an illegal drug holdover action in March 2013 by counsel, not August 2012 by tenants, alleging it could not have filed a nonpayment action during the pendency of the holdover as it would have vitiated the notice of termination, and reinstated the tenancy. The court disagreed. It granted tenants leave to amend the answer finding they sufficiently established a prima facie case of laches as to certain arrears, while landlord failed to provide a reasonable excuse for its delay in bringing this nonpayment action. The court granted partial summary judgment as to the laches defense determining landlord may seek a possessory judgment only for rent arrears accumulated after the prior proceeding was terminated in 2012 to May 2013.
