Did Tenant Violate Nonpayment Agreement?

September 10, 2012

LVT Number: #24336

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court. Landlord later asked the court for a judgment and warrant, claiming that tenant had defaulted under the terms of the agreement. The court ruled for landlord based on four postmarked envelopes that landlord’s attorney showed the court. Tenant appealed, claiming that the court failed to hold a proper hearing on whether tenant defaulted. The appeals court ruled for tenant and reopened the case.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court. Landlord later asked the court for a judgment and warrant, claiming that tenant had defaulted under the terms of the agreement. The court ruled for landlord based on four postmarked envelopes that landlord’s attorney showed the court. Tenant appealed, claiming that the court failed to hold a proper hearing on whether tenant defaulted. The appeals court ruled for tenant and reopened the case. Tenant raised questions before the lower court as to the number of defaults and whether they were de minimis. The court should have taken sworn testimony or received admissible evidence before making a decision.

Homewood Gardens Estates, LLC v. Kirby: 36 Misc.3d 147(A), 2012 NY Slip Op. 51633(U) (App. T. 2 Dept.; 8/7/12; Pesce, PJ, Rios, Solomon, JJ)

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