Landlord Not Required to Accept Back Rent Payments

July 27, 2017

LVT Number: #27834

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court but later vacated the default judgment. Tenant then agreed to pay landlord $7,000 by April 10, 2014, and landlord got a judgment of possession and an eviction warrant, which was conditionally stayed. Tenant then failed to make the agreed-upon payment and was evicted on May 2, 2014. The court denied requests from tenant to be restored to possession.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court but later vacated the default judgment. Tenant then agreed to pay landlord $7,000 by April 10, 2014, and landlord got a judgment of possession and an eviction warrant, which was conditionally stayed. Tenant then failed to make the agreed-upon payment and was evicted on May 2, 2014. The court denied requests from tenant to be restored to possession. After landlord filed an income execution against tenant's wages, tenant again asked the court to vacate the judgment and liens and restore him to possession.

The court ruled against tenant, who appealed and lost. Tenant argued that landlord refused to accept rent payments from him after the eviction. But these were partial payments and, in any case, there was no court order requiring landlord to accept payments or restore tenant to possession after eviction. 

Ocean Gate, LP v. Steele: 2017 NY Slip Op 50863(U), 2017 WL 2800765 (App. T. 2 Dept.; 6/23/17; Elliot, JP, Pesce, Solomon, JJ)

Topics

More like this