Court Excuses Tenant's Breach of Stipulation by Paying Rent Late

May 31, 1996

LVT Number: 10605

Landlord sued to evict tenant for chronic late payment of rent. Landlord had brought a nonpayment proceeding against tenant in 1995. Tenant agreed in a stipulation to pay future rent by the fifth of each month. Landlord again claimed chronic late payment when tenant paid late in two out of four months. The court ruled against landlord. Although technically tenant had violated the stipulation, there was no showing of willful, unjustified, unexplained, or harassing intent on tenant's part.

Landlord sued to evict tenant for chronic late payment of rent. Landlord had brought a nonpayment proceeding against tenant in 1995. Tenant agreed in a stipulation to pay future rent by the fifth of each month. Landlord again claimed chronic late payment when tenant paid late in two out of four months. The court ruled against landlord. Although technically tenant had violated the stipulation, there was no showing of willful, unjustified, unexplained, or harassing intent on tenant's part. Tenant was given an extended probation period to pay rent on time in the future and directed to pay applicable late fees to landlord for the months her rent was paid late.

Starrett City, Inc. v. Dixon: NYLJ, p. 29, col. 3 (5/22/96) (Civ. Ct. Kings; Finkelstein, J)

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