Landlord Can Evict Tenant for Chronic Nonpayment of Rent

June 30, 2007

LVT Number: #19681

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent on time during a probation period. An eviction warrant was issued but delayed during the probation period. Landlord later sought to execute the eviction warrant three times based on tenant's violation of the settlement agreement. Each time, tenant asked the court to stop the eviction. Each time, the court ruled for tenant. After the third time, landlord appealed and won. As part of the settlement, tenant had agreed to pay rent on time.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent on time during a probation period. An eviction warrant was issued but delayed during the probation period. Landlord later sought to execute the eviction warrant three times based on tenant's violation of the settlement agreement. Each time, tenant asked the court to stop the eviction. Each time, the court ruled for tenant. After the third time, landlord appealed and won. As part of the settlement, tenant had agreed to pay rent on time. Tenant repeatedly failed to do so during the probation period. Given tenant's long history of rent payment defaults, the lower court was wrong to delay eviction a third time.

224 6 Holding Corp. v. Nolasco: NYLJ, 6/6/07, p. 26, col. 2 (App. T. 1 Dept.; McKeon, PJ, McCooe, Davis, JJ)

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