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Re: Non-Payment motion due by wed.

Posted by Mark Smith on May 03, 1999 at 15:25:15:

In Reply to: Non-Payment motion due by wed. posted by CAROLINE on May 02, 1999 at 22:10:44:

Laches is the doctrine that applies to stale
rent. Generally, a landlord can get a possessory judgment for no more than six months rent, when
the landlord has delayed bringing the non-payment proceeding. A judgment for the rent beyond six
months is usually a money judgment. The landlord can't evict you for not paying the money judgment, but can make other efforts to collect
the amount of the judgment.

The landlord will probably claim that the
holdover proceedings prevented him from pursuing
the collection of rent or use and occupancy, but
that is not correct. In a holdover proceeding,
RPAPL 741(5) permits the landlord to ask for a
judgment for past due rent and for future use and occupancy.


: Landlord lost 2 holdover cases and withdrew
from last one. now he has started non-payment
proceeding. is he precluded from collecting stale rent from 3/31/98 since last holdover that he
withdrew from (he was losing) on 8/28/98 and
non-payment was started in april 1999 well over 8 months and stale rent?



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