Late Rent Payment Was Minor Violation of Agreement
LVT Number: #26527
Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which imposed an 18-month probation period on tenant. Tenant was required to pay rent by the fifth day of every month between June 2015 and December 2016. On June 15, 2015, tenant asked the court to stop eviction because she hadn’t yet received her monthly Social Security benefits. Landlord argued that tenant had defaulted on timely payment of June and July rent, and shouldn’t be excused again. The court ruled for tenant, finding that her late payment was de minimis and that she was attempting to cure her money management issues through agency assistance.
TDF 2000 Partners, LP v. Davis: Index No. 250280/15, NYLJ No. 1202734416936 (Civ. Ct. NY; 8/4/15; Ramirez, J)