Landlord Gets Judgment for Rent Due

January 1, 1995

LVT Number: 9386

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed that tenant would pay the back rent in installments. They also agreed that landlord could get a judgment against tenant if she didn't pay the installments on time. Later, tenant asked the court to vacate the stipulation, claiming that the rent demanded was incorrect. She argued that she'd moved out of the apartment before signing the agreement, and that landlord should have recertified the apartment and recomputed the rent under the Section 8 program.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed that tenant would pay the back rent in installments. They also agreed that landlord could get a judgment against tenant if she didn't pay the installments on time. Later, tenant asked the court to vacate the stipulation, claiming that the rent demanded was incorrect. She argued that she'd moved out of the apartment before signing the agreement, and that landlord should have recertified the apartment and recomputed the rent under the Section 8 program. The court gave landlord a judgment for the total rent due because it didn't believe tenant's claim. Tenant appealed, and the appeals court ruled for landlord. Tenant should have notified landlord in writing that she'd moved out of the apartment. Tenant didn't prove she'd moved out.

Bushwick Ave. Assoc. v. Soriano: NYLJ, p. 30, col. 6 (12/13/94) (App. Div. 2 Dept.; Kassoff, Chetta, Patterson, JJ)

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