Eviction Delayed Until Landlord Pays Taxes

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a settlement agreement in court. Tenant had agreed to make payments. Execution of the eviction warrant was delayed. Landlord later sought eviction because tenant hadn't paid. The court ruled for landlord. Tenant then asked the court to delay execution of the warrant. Tenant argued that landlord hadn't paid taxes owed to the city. As a result, the city withheld payment of rent to landlord on tenant's behalf. Landlord pointed out that the settlement agreement didn't make tenant's obligation to pay the back rent contingent on landlord's payment of taxes. The court ruled for tenant. Tenant showed good cause to delay the eviction, and landlord had breached an implied agreement of good faith and fair dealing. The eviction was delayed until landlord paid the taxes owed.

Serres Mgmt., Inc. v. Batista: NYLJ, 6/28/06, p. 27, col. 1 (Civ. Ct. Kings; Marton, J)