Landlord-Tenant—Summary Holdover Proceeding Based on Chronic Late Payment of Rent Dismissed—”Number and Frequency of Nonpayment Proceedings Are Not the Sole Factors”—Courts Consider the Totality of Circumstances, Including Bona Fide Claims for Repairs or Disputes as to the Amount of Rent Owed—Proceeding Dismissed Since Four of the Five Nonpayment Proceedings Were Settled Without a Judgment and Involved Repair Issues—a Fifth Nonpayment Proceeding Was Never Calendared
A landlord commenced a summary holdover proceeding, alleging that the tenants had substantially violated the terms of their tenancy, “because they were chronically late on payment of rent.” The landlord cited five nonpayment cases. Each of the nonpayment cases, except one, had been settled without a judgment on the first court appearance and involved stipulations that addressed repairs. The last case had been filed, but never calendared.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
