Chronic Nonpaying Tenant Violated Settlement Agreement

July 31, 2001

LVT Number: 15134

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant was put on probation. Tenant agreed to pay rent by the 10th of the month and agreed that he would be in default if he paid after the fifth of the month nine times or more. An attorney represented tenant. Landlord later asked the court for permission to evict tenant because tenant paid rent late 17 times in a two-year period. The court ruled against landlord. Landlord appealed and won. Tenant clearly violated the settlement agreement.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant was put on probation. Tenant agreed to pay rent by the 10th of the month and agreed that he would be in default if he paid after the fifth of the month nine times or more. An attorney represented tenant. Landlord later asked the court for permission to evict tenant because tenant paid rent late 17 times in a two-year period. The court ruled against landlord. Landlord appealed and won. Tenant clearly violated the settlement agreement. Landlord didn't waive its right to enforce the agreement by waiting two years.

King Enterprises, Ltd. v. Franceschi: NYLJ, 7/13/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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