Late Rent Payment Was Minor Violation of Settlement Agreement

April 1, 2006

LVT Number: 18734

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent in installments. An eviction warrant was issued, but execution was delayed to give tenant the chance to make the back rent payments. Landlord later sought to execute the eviction warrant because tenant's final installment was late. Tenant asked the court to vacate the eviction warrant. The court ruled for tenant. Landlord appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent in installments. An eviction warrant was issued, but execution was delayed to give tenant the chance to make the back rent payments. Landlord later sought to execute the eviction warrant because tenant's final installment was late. Tenant asked the court to vacate the eviction warrant. The court ruled for tenant. Landlord appealed and lost. Tenant's late payment of the final installment of back rent was a minor violation of the settlement agreement and didn't warrant eviction.

Jemrock Realty Co., LLC v. Garfinkel: NYLJ, 3/20/06, p. 30, col. 4 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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