No Eviction for Minor Default Under Settlement Agreement

April 30, 2011

LVT Number: #23366

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later sought eviction due to tenant's breach of the agreement. Tenant asked the court to delay eviction to allow more time to pay the back rent. The court ruled for tenant. Landlord appealed and lost. Tenant's brief lapse in payment didn't warrant the harsh result of eviction. Tenant paid all arrears before the third and final payment was due.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later sought eviction due to tenant's breach of the agreement. Tenant asked the court to delay eviction to allow more time to pay the back rent. The court ruled for tenant. Landlord appealed and lost. Tenant's brief lapse in payment didn't warrant the harsh result of eviction. Tenant paid all arrears before the third and final payment was due.

117 West 142 LLC v. Matthews: 2011 NY Slip Op 50749(U), 2011 WL 1631851 (App. T. 1 Dept.; Hunter, JP, Schoenfeld, Torres, JJ)

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