gagerealty
Junior Member
What is the name of your state (only U.S. law)? NEW YORK
I have a tenant who has off and on either not paid her whole rent or just missed whole months. She is not current with thte last two months and several months in 2016. This is from her legal aide lawyer:
Ms. XXXXXXX received a written rent demand on February 11, 2017, indicating that she owed $12,253.00 in rental arrears accruing on January 1, 2014, through February 10, 2017. A rent ledger provided by Mr. XXXXXXX with varying amounts of rent and late fees was attached to this rent demand.
ARGUMENT
------- Laches is an equitable doctrine basedupon fairness which "bars the enforcement of a right where there has been an unreasonable and inexcusable delay that results in prejudice to an opposing party." Saratoga County Chamber of Cominerce v. Pataki, 100 N.Y.2d 801, 816(2003].
Four essential elements must be met when an argument oflaches is raised. Those elements are:
Conduct by an offending party giving rise to the situation complained of;
Delay by the complainant in asserting his claim for relief, despite the opportunity to
do so;
Lack of knowledge or notice on the part of the offending party that the complainant
would assert his claim for relief; and
Injury or prejudice to the offending party in the event that the relief is accorded to the complainant. 74A NYJur2d Limitations and Laches, §346[2009].
If a Court should find that a tenant has successfully established the elements of!aches, the landlord is barred from recovering a possessory judgment for any stale arrears. Pelham Pkwy. Assoc. v. Errico, 177 Misc.2d 947, 948[App Term 1"Dept. 1974]. Courts have found as little as
$1,500.00 due from August 2008 through September 2008, only a two month period, to meet the elements oflaches, resulting in the dismissal of the petition. A&E Tiebout Realty, LLC v.
Johnson, 23 Misc.3d 1112(a)(Civ. Ct. 2009).
XXXXXXX is the Petitioner bringing this claim, and therefore is the offending party giving rise to the situation. There is a clear delay in Mr. XXXXXXXX actions despite having the opportunity to bring this claim much sooner. Mr. XXXXXXX is alleging rent due beginning on January 2014. If that were truly the case, Mr. XXXXXXXXXX had the ability to bring this claim as early as February 2014. Instead, Mr. XXXXXXXXXXXXX waited over 3 years to bring a non-payment
proceeding · ·
Ms. XXXXXXXXXX did not have any prior knowledge that Mr. XXXXXXXXXXXXXX was going to bring this claim for over $12,000. The first time Ms. XXXXXXXXXXXXXreceived notice of such an extreme action was when she received a rent demand for $12,253.00 on February 11, 2017. If Mr. XXXXXXXXXXXXX is awarded this relief, it would cause a great injury to Ms. XXXXXXXXXXXXX . $12,253.00 is over 55% of Ms. XXXXXXXXXXXXX gross yearly income. Had Mr. XXXXXXXXXXXX properly brought this action in February 2014, when the action first became ripe, Ms. XXXXXXXXXXXXXXXXX would not be facing such a severe financial burden.
CONCLUSSION
Ms. XXXXXXXXXXXX clearly meets the required elements oflaches. Therefore, XXXXXXXXXXXXXX respectfully requests that the petition be dismissed, and for such further relief as the Court deems just and proper.
So my question is can the judge dismiss my petiton to recover my property? Can he seperate the amount owed from the actual evicition? The rent owed is mostly from the last 12 months with $1800 plus just from the last 60 days.
** Important to note that my petition clearly credited payments made to the month they were made. I have seen some others where the landlord was suing saying this month wasnt paid because he credited this months payment to back rent. This is not how I did it.
I have a tenant who has off and on either not paid her whole rent or just missed whole months. She is not current with thte last two months and several months in 2016. This is from her legal aide lawyer:
Ms. XXXXXXX received a written rent demand on February 11, 2017, indicating that she owed $12,253.00 in rental arrears accruing on January 1, 2014, through February 10, 2017. A rent ledger provided by Mr. XXXXXXX with varying amounts of rent and late fees was attached to this rent demand.
ARGUMENT
------- Laches is an equitable doctrine basedupon fairness which "bars the enforcement of a right where there has been an unreasonable and inexcusable delay that results in prejudice to an opposing party." Saratoga County Chamber of Cominerce v. Pataki, 100 N.Y.2d 801, 816(2003].
Four essential elements must be met when an argument oflaches is raised. Those elements are:
Conduct by an offending party giving rise to the situation complained of;
Delay by the complainant in asserting his claim for relief, despite the opportunity to
do so;
Lack of knowledge or notice on the part of the offending party that the complainant
would assert his claim for relief; and
Injury or prejudice to the offending party in the event that the relief is accorded to the complainant. 74A NYJur2d Limitations and Laches, §346[2009].
If a Court should find that a tenant has successfully established the elements of!aches, the landlord is barred from recovering a possessory judgment for any stale arrears. Pelham Pkwy. Assoc. v. Errico, 177 Misc.2d 947, 948[App Term 1"Dept. 1974]. Courts have found as little as
$1,500.00 due from August 2008 through September 2008, only a two month period, to meet the elements oflaches, resulting in the dismissal of the petition. A&E Tiebout Realty, LLC v.
Johnson, 23 Misc.3d 1112(a)(Civ. Ct. 2009).
XXXXXXX is the Petitioner bringing this claim, and therefore is the offending party giving rise to the situation. There is a clear delay in Mr. XXXXXXXX actions despite having the opportunity to bring this claim much sooner. Mr. XXXXXXX is alleging rent due beginning on January 2014. If that were truly the case, Mr. XXXXXXXXXX had the ability to bring this claim as early as February 2014. Instead, Mr. XXXXXXXXXXXXX waited over 3 years to bring a non-payment
proceeding · ·
Ms. XXXXXXXXXX did not have any prior knowledge that Mr. XXXXXXXXXXXXXX was going to bring this claim for over $12,000. The first time Ms. XXXXXXXXXXXXXreceived notice of such an extreme action was when she received a rent demand for $12,253.00 on February 11, 2017. If Mr. XXXXXXXXXXXXX is awarded this relief, it would cause a great injury to Ms. XXXXXXXXXXXXX . $12,253.00 is over 55% of Ms. XXXXXXXXXXXXX gross yearly income. Had Mr. XXXXXXXXXXXX properly brought this action in February 2014, when the action first became ripe, Ms. XXXXXXXXXXXXXXXXX would not be facing such a severe financial burden.
CONCLUSSION
Ms. XXXXXXXXXXXX clearly meets the required elements oflaches. Therefore, XXXXXXXXXXXXXX respectfully requests that the petition be dismissed, and for such further relief as the Court deems just and proper.
So my question is can the judge dismiss my petiton to recover my property? Can he seperate the amount owed from the actual evicition? The rent owed is mostly from the last 12 months with $1800 plus just from the last 60 days.
** Important to note that my petition clearly credited payments made to the month they were made. I have seen some others where the landlord was suing saying this month wasnt paid because he credited this months payment to back rent. This is not how I did it.
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