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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Footnote 5:There is considerable debate as to whether a nonpayment may be maintained where a non-rent-stabilized tenant remains in possession following expiration of their lease pursuant to a month-to-month tenancy or other oral agreement (compare Krantz & Phillips, LLP v Sedaghati, 2003 NY Slip Op 50032[U] [App Term, 1st Dept 2003] with Tricarichi v Moran, 959 NYS2d 372 [App Term, 2d Dept, 9th & 10th Jud Dists 2012]). Even assuming, arguendo, that a nonpayment would not always lie against a month-to-month tenant covered by GCEL, the landlord would not be without remedy as the statute provides a ground for eviction based on the failure to sign a renewal lease (RPL 216(1)(j)). Furthermore, here the alleged default in payment of rent occurred pursuant to a lease that was still in effect when Petitioner declined to renew and opted to pursue a holdover rather than the available remedy of a nonpayment.

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