Evicted Tenant Restored to Possession

September 11, 2012

LVT Number: #24313

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later was evicted after noncompliance. Tenant asked the court to be restored to possession, claiming that he had sent payment. The court ruled for tenant, vacated the eviction warrant, and ordered landlord to restore tenant to possession. Tenant showed that he had sent, by certified mail, timely money orders for the full amount of the $1,660 back rent owed under the settlement agreement. Landlord appealed and lost.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later was evicted after noncompliance. Tenant asked the court to be restored to possession, claiming that he had sent payment. The court ruled for tenant, vacated the eviction warrant, and ordered landlord to restore tenant to possession. Tenant showed that he had sent, by certified mail, timely money orders for the full amount of the $1,660 back rent owed under the settlement agreement. Landlord appealed and lost. The fact that landlord installed a new, unregulated tenant in the apartment within hours after the eviction wasn’t enough reason to bar restoration of tenant to the premises.

Lorillard LLC v. Jewels: NYLJ, 8/22/12, p. 22, col. 2 (App. T. 1 Dept.; Lowe III, Hunter Jr., JJ)

Topics

More like this