Landlord Can Evict Tenant Who Didn't Pay Back Rent

September 24, 2015

LVT Number: #26526

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving landlord a judgment and eviction warrant that was stayed provided tenant paid $7,500 in back rent owed. Landlord also agreed to make certain apartment repairs. Tenant later sought to vacate the settlement agreement several times. These resulted in a new settlement agreement. After tenant again defaulted, the court refused to grant tenant any further delay of the eviction. Tenant owed $4,300, and she was offering to pay only $3,100. Tenant appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving landlord a judgment and eviction warrant that was stayed provided tenant paid $7,500 in back rent owed. Landlord also agreed to make certain apartment repairs. Tenant later sought to vacate the settlement agreement several times. These resulted in a new settlement agreement. After tenant again defaulted, the court refused to grant tenant any further delay of the eviction. Tenant owed $4,300, and she was offering to pay only $3,100. Tenant appealed and lost. Tenant had not substantially complied with the settlement agreement. And it didn’t matter whether landlord had made the agreed-upon repairs. Tenant never claimed that she had provided access. And tenant’s obligation to pay the rent arrears wasn’t dependent on landlord’s making repairs.

 

 

 

 

 

Wira Associates v. Easy: 48 Misc.3d 137(A), 2015 NY Slip Op 51203(U) (App. T. 2 Dept.; 8/3/15; Pesce, PJ, Aliotta, Elliot, JJ)

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