Landlord Can Evict Tenant for Chronic Nonpayment of Rent

January 18, 2017

LVT Number: #27437

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay rent in a timely manner going forward or else be subject to eviction. The court later granted landlord’s request to evict tenant for noncompliance with the settlement agreement, but then conditionally granted tenant’s request to stay execution on the eviction warrant. Landlord appealed and won. Tenant repeatedly failed to comply with the settlement agreement, which included a  “time of the essence” provision.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay rent in a timely manner going forward or else be subject to eviction. The court later granted landlord’s request to evict tenant for noncompliance with the settlement agreement, but then conditionally granted tenant’s request to stay execution on the eviction warrant. Landlord appealed and won. Tenant repeatedly failed to comply with the settlement agreement, which included a  “time of the essence” provision. Tenant had an extensive history of rent defaults, which continued regularly during the probationary term of the settlement agreement. Tenant also had obtained two prior stays of eviction from the court. A third stay wasn’t warranted. The length of the tenancy or tenant’s son’s temporary unemployment weren’t good cause sufficient to bar eviction.

 

 

 
288 Sheva Realty Assoc. LLC v. Arvelo: 53 Misc.3d. 154(A), 2016 NY Slip Op 51759(U) (App. T. 1 Dept.; 12/13/16; Schoenfeld, JP, Shulman, Gonzalez, JJ)

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