Tenant Can't Be Restored After Eviction

August 31, 2011

LVT Number: #23597

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave tenant time to pay the back rent owed. Tenant defaulted on the agreement and was evicted. Tenant then asked the court to be restored to possession. The court ruled against tenant, who appealed and lost. Tenant’s default was not de minimis, inadvertent, or promptly cured. The fact that tenant might ultimately have been able to pay the rent arrears if restored to possession was insufficient reason to restore her post-eviction.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave tenant time to pay the back rent owed. Tenant defaulted on the agreement and was evicted. Tenant then asked the court to be restored to possession. The court ruled against tenant, who appealed and lost. Tenant’s default was not de minimis, inadvertent, or promptly cured. The fact that tenant might ultimately have been able to pay the rent arrears if restored to possession was insufficient reason to restore her post-eviction.

Krolewski v. Luculescu: NYLJ, 8/16/11, p. 30, col. 2 (App. T. 2 Dept.; Pesce, PJ, Golia, Steinhardt, JJ)

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