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/10124722/1719-gates-llc-v-torres/ ↗

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The first ground for removal in RPL 216(1), and the basis of this proceeding is that "[t]he tenant has failed to pay rent due and owing, provided however that the rent due and owing, or any part thereof, did not result from a rent increase which is unreasonable" (RPL 216(1)(a)(1)). Other grounds include where the tenant breached a substantial violation of their tenancy, so long as the landlord has first served a ten-day notice to cure (RPL 216(b)), or where the tenant is committing or permitting a nuisance, which does not require a notice to cure (RPL 216(c)). Another ground is a tenant's failure to sign a renewal lease, so long as the offer was timely made within 30-90 days prior to lease expiration and does not seek an unreasonable increase as defined by statute (RPL 216(j)).

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