Landlord Can't Evict Tenant

April 30, 2011

LVT Number: #23365

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by September 2010. But the agreement also created a new month-to-month tenancy starting October 2010 at $2,300 per month. Landlord later asked the court to vacate the judgment and eviction warrant when the October rent wasn't paid. The court ruled for tenant. Since landlord agreed to create a new tenancy, it couldn't evict tenant for not paying back rent.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by September 2010. But the agreement also created a new month-to-month tenancy starting October 2010 at $2,300 per month. Landlord later asked the court to vacate the judgment and eviction warrant when the October rent wasn't paid. The court ruled for tenant. Since landlord agreed to create a new tenancy, it couldn't evict tenant for not paying back rent. Landlord would have to start a new nonpayment proceeding based on nonpayment under the new tenancy agreement.

Islands Heritage Realty Corp. v. Joseph: 2011 NY Slip Op 50746(U), 2011 WL 1599681 (Sup. Ct. Nassau; 4/28/11; Fairgrieve, J)

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