No Eviction Where Tenant Paid Back Rent Owed

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, found that tenant owed $986, and delayed execution on an eviction warrant until June 30, 2011, for tenant to pay without further extension. On July 8, tenant asked the court for more time, showing that she had the money, that landlord hadn't come to collect it until July 7, and that she had no way to contact landlord otherwise. She also said that landlord refused to accept the money on July 7 because it didn't include July rent. The court ruled against tenant. Among other things, although tenant said she had the money on July 7, at least one of her money orders was dated July 16. The court ruled for tenant on appeal. The trial court should have held a hearing to determine the facts. And, at any rate, on July 7, tenant produced money orders for the full amount that was due on July 16. So she was in substantial compliance with the court's order.

First MWH & G Incorporation v. Gilbert: 36 Misc.3d 135(A), 2012 NY Slip Op 51353(U) (App. T. 2 Dept; 7/13/12; Pesce, PJ, Weston, Rios, JJ)