Payment Conditioned on Landlord Making Repairs

January 1, 1998

LVT Number: 12025

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court agreement in which landlord agreed to make repairs and tenant agreed to pay $5,000 in back rent owed. Tenant later claimed landlord was in contempt of court for not making repairs. The court ruled against tenant and granted judgment to landlord for the back rent. Tenant appealed and won in part. There was no contempt of court for landlord's failure to comply with the agreement. But the court shouldn't have granted landlord judgment for the back rent.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court agreement in which landlord agreed to make repairs and tenant agreed to pay $5,000 in back rent owed. Tenant later claimed landlord was in contempt of court for not making repairs. The court ruled against tenant and granted judgment to landlord for the back rent. Tenant appealed and won in part. There was no contempt of court for landlord's failure to comply with the agreement. But the court shouldn't have granted landlord judgment for the back rent. Payment of the back rent was conditioned on landlord making repairs, which it hadn't done.

340 East Corp. v. Hill: NYLJ, p. 28, col. 3 (12/15/97) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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