Tenant Can Be Evicted for Chronic Nonpayment of Rent

April 18, 2014

LVT Number: #25466

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed two court-ordered settlement agreements, by which tenant agreed to make timely rent payments. When tenant failed to comply with his agreements and faced eviction, tenant asked the court for more time. The court ruled for tenant. Landlord appealed and won. Tenant agreed in the court stipulations that "time is of the essence" for timely rent payment going forward.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed two court-ordered settlement agreements, by which tenant agreed to make timely rent payments. When tenant failed to comply with his agreements and faced eviction, tenant asked the court for more time. The court ruled for tenant. Landlord appealed and won. Tenant agreed in the court stipulations that "time is of the essence" for timely rent payment going forward. Tenant repeatedly failed to pay rent on time both during and prior to the commencement of the case, and didn't sufficiently explain the reason for his latest delay in making payment. Landlord could proceed with the eviction.

Bilig Realty Corp. v. Ovwasa: 42 Misc.3d 143(A), 2014 NY Slip Op 50271(U) (App. T. 1 Dept.; 2/28/14; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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