Landlord Must Reinstate Improperly Evicted Tenant

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving landlord a judgment of possession but giving tenant time to pay back rent owed. Landlord later evicted tenant based on failure to pay the back rent. Tenant asked the court to vacate the eviction warrant and restore her to possession. Landlord claimed that it had already rerented the apartment. The court ruled for tenant. Tenant had substantially complied with the settlement agreement. Landlord held on to $4,000 paid by tenant for over 12 days before returning it, and scheduled the eviction at a time it knew that tenant had gone out of state temporarily. In addition, the new tenant hadn't moved into the apartment, so she wasn't harmed. The eviction shouldn't have taken place.

2720 LLC v. White: Index No. 073371/09, NYLJ 1202472107825 (Civ. Ct. Bronx; Weissman, J; 9/3/10)