Landlord Entitled to Post-Judgment Use and Occupancy

September 26, 2014

LVT Number: #25761

Landlord sued to evict tenant and obtained a final judgment of possession plus an award of rent arrears through March 2012. Tenant was evicted in July 2012. Landlord then sued tenant in small claims court for use and occupancy from April through July 2012, as well as for damage to the apartment. The court ruled against landlord, finding that landlord had waived the rent. Landlord appealed and won. In a settlement agreement signed in housing court, landlord didn't waive his right to use and occupancy for the period in question.

Landlord sued to evict tenant and obtained a final judgment of possession plus an award of rent arrears through March 2012. Tenant was evicted in July 2012. Landlord then sued tenant in small claims court for use and occupancy from April through July 2012, as well as for damage to the apartment. The court ruled against landlord, finding that landlord had waived the rent. Landlord appealed and won. In a settlement agreement signed in housing court, landlord didn't waive his right to use and occupancy for the period in question. But landlord did fail to prove the cost of repairing the damage to the apartment. Landlord was entitled to $4,290, representing three months' and two days' use and occupancy at the monthly rate of $1,400.

Rustagi v. Sanchez: Index No. 257/2013, NYLJ No. 1202667422156 (App. T. 2 Dept.; 8/20/14; Weston, JP, Aliotta, Elliot, JJ)

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