Chronic non-payment basis for eviction.Chronic non-payment basis for eviction The removal of a tenant from possession of premises in which he or she resides or has a property interest done by a landlord either by reentry upon the premises or through a court action. Judge Wilford O'Connor has held that a tenant's repeated default in the payment of rent constituted a violation of a substantial obligation of the tenancy A situation that arises when one individual conveys real property to another individual by way of a lease. The relation of an individual to the land he or she holds that designates the extent of that person's estate in real property. , such that the owner was awarded a final judgment of possession, with the case set down for a hearing on "use and occupancy" and attorneys fees. As a result of the non-payment, the owner was compelled to commence six non-payment proceedings during a three-year period. In West Coast Co. vs. Grafi, a summary eviction proceeding was brought against the commercial tenant based upon the tenant's chronic non-payment of rent, encompassing more than 30 of the 48 monthly payments due during the relevant time period. Based upon the commercial tenant's chronic default in the payment of rent, the owner, represented by the law firm of Belkin Burden Wenig & Goldman, opted to bring an eviction proceeding seeking the termination of the tenancy, rather than simply bringing yet another non-payment proceeding, seeking to collect the rent. The court noted that the obligation to pay rent under a lease in a timely manner is a primary obligation of a tenancy, such that the tenant's failure to timely comply constitutes a breach of a substantial obligation of the lease. In examining whether or not the failure on the part of the tenant warranted the termination of the leasehold An estate, interest, in real property held under a rental agreement by which the owner gives another the right to occupy or use land for a period of time. leasehold n. and the eviction of the tenant, the court stated that it must examine "the totality TOTALITY. The whole sum or quantity. 2. In making a tender, it is requisite that the totality of the sum due should be offered, together with the interest and costs. Vide Tender. of the circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact. 2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or surrounding the delinquency delinquency Criminal behaviour carried out by a juvenile. Young males make up the bulk of the delinquent population (about 80% in the U.S.) in all countries in which the behaviour is reported. ". After a thorough examination of all of the credible evidence before the court, Judge O'Connor found that the tenant's present rent delinquencies, as well as those in the prior non-payment proceedings "were not due to any abatement A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent. With respect to estates, an abatement is a proportional diminution or reduction of the monetary legacies, a disposition of property by will, when defenses or inaccurate calculations of rent or any other reasonable excuse". As a result, the court found that the tenant had, indeed, breached a substantial obligation under the lease, and awarded a final judgment of possession in favor of the landlord. Jeffrey L. Goldman, partner in Belkin Burden Wenig & Goldman stated: "This commercial tenant apparently believed that it could continue in violation of its lease without fear that it might ultimately pay the penalty of forfeiture The involuntary relinquishment of money or property without compensation as a consequence of a breach or nonperformance of some legal obligation or the commission of a crime. The loss of a corporate charter or franchise as a result of illegality, malfeasance, or Nonfeasance. of the tenancy. The court correctly found that there was no persuasive logic or rationale underlying the tenant's failure to pay rent. Only by terminating the landlord-tenant relationship and awarding a final judgment of possession to the owner, coupled with an award of use and occupancy and attorneys fees, could the owner be made whole." |
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