Tenant Can Be Evicted for Chronic Nonpayment

June 30, 2011

LVT Number: #23492

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed several settlement agreements in court, which placed tenant on probation. Each time, tenant breached the agreement by continuing to pay rent late. Eventually, landlord sought execution of the eviction warrant and tenant asked the court to stay the eviction. The court refused. Tenant appealed and lost. Tenant had breached the settlement agreement more than once, and the court properly exercised its discretion by permitting the eviction to proceed.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed several settlement agreements in court, which placed tenant on probation. Each time, tenant breached the agreement by continuing to pay rent late. Eventually, landlord sought execution of the eviction warrant and tenant asked the court to stay the eviction. The court refused. Tenant appealed and lost. Tenant had breached the settlement agreement more than once, and the court properly exercised its discretion by permitting the eviction to proceed.

Corbin Realty v. Ogman: NYLJ, 6/21/11, p. 37, col. 5 (App. T. 2 Dept.; Weston, JP, Golia, Rios, JJ)

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