Tenant Can Vacate Warrant

December 1, 2005

LVT Number: 18486

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant later asked the court to vacate the warrant. The court ruled against tenant. Tenant appealed and won. Tenant had defaulted in payment of $3,200 by a certain date. But tenant had lived in the apartment for a long time, landlord delayed in making agreed-upon repairs, and tenant was prepared to pay the back rent. So tenant showed good cause to vacate the eviction warrant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant later asked the court to vacate the warrant. The court ruled against tenant. Tenant appealed and won. Tenant had defaulted in payment of $3,200 by a certain date. But tenant had lived in the apartment for a long time, landlord delayed in making agreed-upon repairs, and tenant was prepared to pay the back rent. So tenant showed good cause to vacate the eviction warrant.

Aston-Jones Mgmt. v. Brown: NYLJ, 11/29/05, p. 27, col. 5 (App. T. 2 Dept.; Patterson, JP, Rios, Belen, JJ)

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