Tenant Can Be Evicted for Violating Agreement

August 31, 2010

LVT Number: #22840

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay landlord $1,400 in back rent owed. If he did so by March 2009, he would avoid eviction. Tenant later defaulted, but asked the court to stay the execution of the eviction warrant. The court ruled for tenant, finding that his breach was minor. Landlord appealed and won. Tenant paid $1,500 in March, but, as agreed, $1,250 was applied to tenant’s March rent and $250 to the arrears.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay landlord $1,400 in back rent owed. If he did so by March 2009, he would avoid eviction. Tenant later defaulted, but asked the court to stay the execution of the eviction warrant. The court ruled for tenant, finding that his breach was minor. Landlord appealed and won. Tenant paid $1,500 in March, but, as agreed, $1,250 was applied to tenant’s March rent and $250 to the arrears. The $1,250 paid in April 2009 was applied to April’s rent. Tenant failed to substantially comply with the settlement agreement. Under the agreement, an $850 rent abatement was revoked, and landlord could evict tenant.

368 Chauncey Ave. Trust v. Whitaker: NYLJ, 8/2/10, p. 26, col. 2 (App. T. 2 Dept.; Golia, JP, Weston, Rios, JJ)

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