1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)

Citation: 1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)
Parent Document: 1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-09-23
Original Source: https://www.courtlistener.com/opinion/10124589/1719-gates-llc-v-torres/ ↗

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Nonpayments and holdovers have significant differences and prerequisites. A nonpayment presumes the existence of an ongoing landlord-tenant relationship and requires a 14-day good faith rent demand prior to commencement where the tenant has the option to cure [*4]the default and pay the alleged arrears to avoid coming to court (see Greenport Preserv., L.P. v Heyward, [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]). In contrast, a holdover is only viable where the tenancy has been terminated before commencement and the landlord-tenant relationship remains severed (see Nyack Plaza v Parker, 18 Misc 3d 126[A] [App Term, 2d Dept, 9th & 10th Jud Dists 2007]). A holdover may be premised on the tenant's holding over after the expiration of the natural term in the last agreement following a non-renewal notice — prior to the enactment of GCEL this was often colloquially called a "no grounds" holdover (see RPAPL 711(1); RPL 226-c; RPL 232-a; Federation of Orgs. For the NY State Mentally Disabled, Inc. v Lindsay, 80 Misc 3d 131[A] [App Term, 1st Dept 2023]; Frischer v Goldner, 2022 NY Slip Op 51060 [Civ Ct, Kings Co 2022]]) — or "by reason of the [early] termination of the term fixed in the lease pursuant to a [conditional limitation] provision contained therein . . . " (RPAPL 711(1)), often referred to as a "for cause" holdover (see Fourth Hous. Co., Inc. v Bowers, 53 Misc 3d 43 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]). In a for cause holdover based on a tenant's breach, the tenant is generally afforded a 30-day post-judgment opportunity to cure non-objectionable conduct (RPAPL 753(3) and (4)). There is no right to a post-judgment cure in a no cause non-renewal holdover, at least in cases predating GCEL (see Park Summit Realty Corp. v Frank, 107 Misc 2d 318, 321 [App Term, 1st Dept 1980], affd 84 AD2d 700 [1981], affd on other grounds 56 NY2d 1025 [1982]).

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