Landlord Can Evict Tenant After Repeated Defaults
LVT Number: #26737
Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord got a judgment and warrant with execution stayed while tenant was to make payments by certain dates. Tenant later filed three orders to show cause, each time seeking additional time to pay the back rent. Landlord and tenant signed a new agreement giving tenant more time to pay but stating that tenant could be evicted if she defaulted. When tenant later filed a fourth order to show cause, the court refused to give her any more time. Tenant appealed and lost. The settlement was not obtained through fraud, collusion, mistake, or other grounds sufficient to invalidate a contract. Tenant’s multiple defaults weren’t de minimis, inadvertent, or promptly cured. There were no grounds to grant further stay of the eviction warrant.
Mehr Properties, LLC v. Fonrose: 49 Misc.3d 153(A), 2015 NY Slip Op 51781(U) (App. T. 2 Dept.; 12/2/15; Elliot, JP, Pesce, Solomon, JJ)