Shared Cooper LLC v Callejas
- Eric Pitter
- Feb 2
- 1 min read
New Good Cause Eviction caution for L&T practitioners: late payments alone may not be enough.
In Shared Cooper LLC v Callejas [2026 NY Slip Op 50054(U)] [Civ Ct NY County, Jan. 20, 2026] [Stoller, J.], the court dismissed a Good Cause holdover predicated on the "failure to pay rent due and owing.” Even with an inconsistent payment history, the record showed the tenant regularly cured, sometimes paid in advance, was never more than three months behind, and was fully current one day before the predicate notice. The court looked to the HDFC “good cause” line and emphasized practical factors: prejudice to the landlord, the amount of arrears at commencement, overall payment history, and the duration/nature of the tenancy.
Do not assume “good cause” is established where only one or two months went unpaid but were later cured, especially if the ledger does not show meaningful arrears at commencement or documented prejudice.
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