Landlord Can Evict Tenant for Chronic Nonpayment of Rent

May 13, 2014

LVT Number: #25481

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court by which tenant promised to pay rent on time or else face eviction. Tenant didn't comply with the agreement, and landlord sought eviction. The court granted orders to show cause giving tenant more time to comply four times. Landlord then appealed and won. Tenant repeatedly failed to pay rent on time during the 20 months after signing the court stipulation.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court by which tenant promised to pay rent on time or else face eviction. Tenant didn't comply with the agreement, and landlord sought eviction. The court granted orders to show cause giving tenant more time to comply four times. Landlord then appealed and won. Tenant repeatedly failed to pay rent on time during the 20 months after signing the court stipulation. The amount of time that tenant had lived in the apartment and tenant's unspecified "psychiatric" problems weren't sufficient reasons to find that tenant had good cause for further delay of enforcement of the settlement agreement.

2460 Davidson Realty LLP v. Lopez: 43 Misc.3d 130(A), 2014 NY Slip Op 50574(U) (App. T. 1 Dept.; 4/11/14; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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