Landlord Can Evict Tenant for Chronic Nonpayment of Rent

(Decision submitted by David M. Berger of the Brooklyn law firm of Tenenbaum Berger & Shivers LLP, who represented the landlord.)

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. Tenant agreed to pay rent by the fifth day of each month during a probationary period. Landlord later sought a judgment and eviction warrant based on tenant's noncompliance with the agreement. After accepting seven late payments, landlord had rejected an eighth late payment. Tenant had made rent payments by cash or money order but didn't have receipts showing when she paid. Landlord's records and employee testimony showed that payments were made during the month due but after the fifth of the month. Tenant claimed waiver, but the settlement agreement didn't provide that acceptance of late payments would be deemed a waiver of the consequences of the stipulation. The court ruled for landlord but stayed execution on the eviction warrant until Sept. 30, 2013. If tenant paid outstanding rent for April, May, and June 2013 within five days and paid rent for July through September by the fifth day of the month, the warrant would be vacated.

Winthrop Realty LLC v. Maloney: Index No. L&T 55227/2012 (Civ. Ct. Kings; 5/31/13; Scheckowitz, J) [7-pg. doc.]