Landlord Can Evict Tenant for Chronic Nonpayment of Rent

November 19, 2015

LVT Number: #26601

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent by the fifth of each month or face eviction, and that “time is of the essence as to all payment dates.” After tenant failed to pay June 2015 rent on time, he asked the court to stay execution of the eviction warrant. Tenant claimed that he sent money orders for the June 2015 rent by regular mail on May 17, 2015, but showed no proof of mailing. Still, the court ruled for tenant. Landlord appealed and won.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent by the fifth of each month or face eviction, and that “time is of the essence as to all payment dates.” After tenant failed to pay June 2015 rent on time, he asked the court to stay execution of the eviction warrant. Tenant claimed that he sent money orders for the June 2015 rent by regular mail on May 17, 2015, but showed no proof of mailing. Still, the court ruled for tenant. Landlord appealed and won. Strict enforcement of the stipulation was warranted given tenant’s extensive history of rent defaults, which continued into the settlement period. Landlord also was entitled to attorneys’ fees under the lease and settlement agreement for tenant’s violation of the agreement.

 
141 Avenue A Associates LLC v. Klein: 49 Misc.3d 137(A), 2015 NY Slip Op 51531(U) (App. T. 1 Dept.; 10/22/15; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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