Eviction Warrant Vacated Since Tenant Paid Back Rent Owed

August 31, 1996

LVT Number: 10828

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed in writing that tenant would pay $10,000 in back rent in two installments. In between the two payments, landlord would make repairs. Tenant made the first $5,000 payment, then later made a payment of $4,000 toward the second half due. Landlord initially accepted tenant's check, but then rejected the payment and sought eviction. The court ruled for tenant. Tenant paid most of the back rent under the terms of the agreement and was prepared to pay the final $1,000 balance shortly thereafter.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed in writing that tenant would pay $10,000 in back rent in two installments. In between the two payments, landlord would make repairs. Tenant made the first $5,000 payment, then later made a payment of $4,000 toward the second half due. Landlord initially accepted tenant's check, but then rejected the payment and sought eviction. The court ruled for tenant. Tenant paid most of the back rent under the terms of the agreement and was prepared to pay the final $1,000 balance shortly thereafter.

390 West End Assocs., L.P. v. Pearl: NYLJ, p. 23, col. 2 (8/7/96) (Civ. Ct. NY; Malatzky, J)

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