Landlord-Tenant—Court Denies Tenant’s Motion to Dismiss Summary Holdover Proceeding Based On Chronic Nonpayment of Rent

A landlord commenced a holdover proceeding on the ground that the tenant had “violated a substantial obligation of her lease,” i.e., the tenant allegedly failed “to pay rent in a timely manner.” The petition asserted that the tenant’s “chronic late payment, and nonpayment, of rent had caused landlord to commence four nonpayment proceedings against her (in November 2010, June 2011, May 2012 and November 2012), as well as to make two rent demands (in July 2010 and August 2012) and, therefore, landlord had terminated tenant’s tenancy as of June 15, 2013.”

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