Case Studies

Back

The Case of the Tenant Who Evicted Herself: A Chronic Nonpayment Holdover Story


CaseStudy_IMG_59

Landlord of a rent stabilized apartment in Brooklyn for years could not collect rent from his tenant without starting a nonpayment case. After enduring seven nonpayment cases over a span of two years, the chronic nonpayment holdover case was ripe for the coup de grâce.

The key to the victory of this case was the preparation and attention to detail from the date the owner bought the building. We counseled the landlord to document his consistent and routine efforts by sending the tenant letters requesting to inspect the apartment to ensure no repairs were ever needed during the two-year span of time. Simultaneously, we started a series of nonpayment cases, seven in total, so that when the inevitable holdover was brought, the tenant would have no excuse for her behavior.

This preparation laid the foundation for a termination notice which incorporated the entire history of the tenancy. The notice included not only the tenant’s defaults in the payment of rent, but also two years of correspondence which demonstrated that this landlord did all he was required to do to maintain a repair free apartment.

Ultimately, the tenant was forced to capitulate, as she had no real defense to the case. This was a case years in the making; it ended in a financial boon for our client, the landlord, because we essentially let the tenant evict herself by ensuring she had no defense.

Carolyn Rualo and Christopher Halligan represented the landlord for Adam Leitman Bailey, P.C.

Related Practices

Landlord Representation

Related Content

“I’ve learned so much and gained knowledge with a desire to work in the real estate department.” “We are finally at the point in time when I can say thank you so much for your phenomenal work. Your faith in this case was wise and the outcome matches.” “Hard work and risk pays off for closing” “ROCKSTAR. That’s what you are…Jackie…How can I thank you enough for all the work you have done…” Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender ALBPC Twice Saves Tenant’s Business from Certain Death ALBPC Releases Daughter, Mere Accommodation Signer on Lease, from Lease and Allows Her to Avoid Nonpayment Proceeding Adam Leitman Bailey, P.C. Gets $215K for Board after a Botched Common Charge Lien Foreclosure Adam Leitman Bailey, P.C.’s “Watershed Case” Changes Condominium Development Original Promissory Note Lost—Lender Satisfied UCC 3-804 and Entitled to Judgment Q&A: A Broken Shower Non-Disclosure Agreements Defend Against Fishing Expeditions Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part I) Christopher Halligan Speaks to the New York State Bar Association on Jury Trials in Landlord – Tenant Proceedings Adam Leitman Bailey Lectures for New York State Bar Association on Easements, Adverse Possession and Arcane Laws to Overcoming Building Obstacles Adam Leitman Bailey Guest Lecturer at New York Law School’s Landlord-Tenant Class NYSBA – Removing Real Estate Development Obstacles: Zoning, Restrictive Covenants, Easements, Adverse Possession and Boundary Disputes

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS