Tenant Can Be Evicted for Violating Settlement Agreement

March 20, 2014

LVT Number: #25376

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court, by which tenant agreed to strict monthly rent payment deadlines. Landlord later sought eviction after tenant violated the agreement. Tenant claimed that any violations were minor. The court ruled for tenant. Landlord appealed and won. Tenant failed to comply with the agreement at least twice. In one instance, rent was due by Jan. 15, 2013. Tenant purchased a money order on Jan. 18 and then sent it to landlord by regular mail.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court, by which tenant agreed to strict monthly rent payment deadlines. Landlord later sought eviction after tenant violated the agreement. Tenant claimed that any violations were minor. The court ruled for tenant. Landlord appealed and won. Tenant failed to comply with the agreement at least twice. In one instance, rent was due by Jan. 15, 2013. Tenant purchased a money order on Jan. 18 and then sent it to landlord by regular mail. Given tenant's extensive history of rent defaults, which continued into the probationary period, landlord was entitled to execute on the eviction warrant.

 

McKinley Square LP v. Cisse: 42 Misc.3d 138(A), 2014 NY Slip Op 50153(U) (App. T. 1 Dept.; 2/7/14; Lowe III, PJ, Schoenfeld, Shulman, JJ)

Topics

More like this