Why a Landlord Cannot Evict & Collect Past Due Rent at the Same Time

Usually the parties in a lawsuit resolve all disputes against one another in one proceeding, but Landlord Tenant Law is a different. A landlord cannot both evict a tenant and obtain a judgement for past due rent from the the tenant in the same proceeding. A landlord must send a termination notice to the tenant first before commencing a holdover proceeding to evict the tenant. If the landlord wants to get past due rent from the tenant they must commence a non-payment proceeding to obtain a judgement from the tenant. In most cases, the tenant has not been paying rent because they don’t have the money to pay it. In that situation it does not make sense for the landlord to start with a nonpayment proceeding. The landlord would typically commence a holdover proceeding. The landlord must be careful to follow the both the rules of Civil Procedure for a Civil Lawsuit and procedures outlined in the the New York State Real Property Actions and Proceedings Law (RPAPL). If any one of the procedural requirements are not followed, the Landlord essentially gives the tenant’s lawyer an excuse to use to have the action dismissed. Therefore it is important for a landlord to obtain the counsel of an attorney who practices landlord tenant law. Otherwise the Landlord will waste time and money commencing an action against a tenant just to restart the process all over again. Diana Mohyi Attorney at Law P.C. is available to represent you in your landlord tenant proceeding whether you are a landlord who is not being paid or a tenant who is being harrassed.