Landlord Can Evict Tenant for Chronic Nonpayment of Rent

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. On the initial court date in October 2009, landlord and tenant signed a so-ordered settlement agreement by which tenant agreed to pay back rent owed and then pay rent coming due between December 2009 and May 2011 on or before the first of each month. Tenant consented to entry of a final judgment of possession and forthwith issuance of an eviction warrant. If tenant defaulted, landlord could be evicted upon service of a marshal's notice. Tenant later defaulted, and in May 2010 asked the court to delay eviction because he had been out of work and was now able to pay the back rent accrued. The court gave tenant a few days to pay and extended tenant's probation period through December 2011. In February 2011 tenant again asked for a delay of the eviction, claiming that he was unemployed. The parties signed a new settlement agreement excusing tenant's default and extending tenant's probationary period through June 2012. In April 2012, tenant again sought an extension after failing to pay. The parties signed another agreement giving tenant until April 30, 2012, to become current and extending the probation period to June 2013. In early 2013, tenant again sought to delay eviction, now claiming that he was in default because his mother-in-law died, he had to pay funeral expenses, and he was again unemployed. Tenant had failed to pay rent on time from September through November 2012 and had paid no rent at all in December 2012 or January 2013. Tenant, whose monthly rent was $818, now owed landlord $2,372. The court ruled against tenant in light of his repeated defaults and his current inability to pay the outstanding rent. Tenant failed to comply with three so-ordered settlement agreements and one court order. Landlord could evict tenant after Feb. 28.

258 East 4th Street LP v. Morales: Index No. L&T 88282/2009 (Civ. Ct. NY; 2/13/13; Kraus, J) [4-pg. doc.]