Tenant Already Paid Amount Required by Agreement

June 30, 1998

LVT Number: 12460

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay the back rent owed. Tenant later asked the court to vacate the agreement, claiming she'd already paid some of the rent in question and that landlord wasn't applying her payments to the amounts specified in the agreement. The court ruled against tenant. Tenant appealed and won. The agreement called for tenant to pay rent for September 1996 even though she'd already done so.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay the back rent owed. Tenant later asked the court to vacate the agreement, claiming she'd already paid some of the rent in question and that landlord wasn't applying her payments to the amounts specified in the agreement. The court ruled against tenant. Tenant appealed and won. The agreement called for tenant to pay rent for September 1996 even though she'd already done so. And landlord couldn't apply tenant's checks to earlier rent it claimed tenant owed because the agreement stated that payments were to be applied to later, specified months.

New Realty Co. v. Charles: NYLJ, p. 27, col. 2 (6/3/98) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

Topics

More like this