No Willful Default by Tenant Who Settled Chronic Nonpayment Case

September 24, 2017

LVT Number: #27902

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later denied tenant's request to stay execution of the eviction warrant based on tenant's default under the agreement concerning rent payment. Tenant appealed and won. The elderly tenant had lived in the apartment for 32 years, and the court found there was no willful default. There were several deaths in tenant's family, tenant had made provision for timely payment of her rent going forward, and tenant was now current in her rent payments.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later denied tenant's request to stay execution of the eviction warrant based on tenant's default under the agreement concerning rent payment. Tenant appealed and won. The elderly tenant had lived in the apartment for 32 years, and the court found there was no willful default. There were several deaths in tenant's family, tenant had made provision for timely payment of her rent going forward, and tenant was now current in her rent payments. So the appeals court, in its discretion, stayed execution of the eviction warrant.

Caton Owners, LLC v. Lyttle: 56 Misc.3d 139(A), 2017 NY Slip Op 51086(U) (App. T. 2 Dept.; 8/18/17; Pesce, PJ, Aliotta, Elliot, JJ)

Topics

More like this