Landlord-Tenant—Laches—Landlord Lost Opportunity for Possessory Judgment for More Than Two Years of Back Rent Because Its Prior Counsel had Failed to Timely File a Non-Payment Proceeding

A landlord had commenced a summary nonpayment proceeding, seeking to recover from the residential tenant, $46,929, allegedly due through Sept. 30, 2013. The tenant had asserted defenses of laches and breach of the warranty of habitability (warranty).