Landlord-Tenant—Summary Holdover Proceeding Based on Chronic Late Payment of Rent Dismissed—”Number and Frequency of Nonpayment Proceedings Are Not the Sole Factors”—Courts Consider the Totality of Circumstances, Including Bona Fide Claims for Repairs or Disputes as to the Amount of Rent Owed—Proceeding Dismissed Since Four of the Five Nonpayment Proceedings Were Settled Without a Judgment and Involved Repair Issues—a Fifth Nonpayment Proceeding Was Never Calendared
A landlord commenced a summary holdover proceeding, alleging that the tenants had substantially violated the terms of their tenancy, “because they were chronically late on payment of rent.” The landlord cited five nonpayment cases. Each of the nonpayment cases, except one, had been settled without a judgment on the first court appearance and involved stipulations that addressed repairs. The last case had been filed, but never calendared.
