Tenant Can't Be Restored to Possession After Eviction

August 31, 2010

LVT Number: #22864

Landlord sued to evict unregulated tenant. Landlord and tenant signed a court-ordered settlement agreement. Tenant admitted she owed back rent, and an eviction warrant was issued. Eviction was delayed until Aug. 14, provided that tenant paid timely use and occupancy fees for July and August 2010. Tenant defaulted on the agreed-to payments and was evicted. She then asked the court to restore her to possession. The court ruled against tenant, finding no good cause. And since the warrant of eviction was not only issued, but executed, respondent's interest in the apartment was annulled by law.

Landlord sued to evict unregulated tenant. Landlord and tenant signed a court-ordered settlement agreement. Tenant admitted she owed back rent, and an eviction warrant was issued. Eviction was delayed until Aug. 14, provided that tenant paid timely use and occupancy fees for July and August 2010. Tenant defaulted on the agreed-to payments and was evicted. She then asked the court to restore her to possession. The court ruled against tenant, finding no good cause. And since the warrant of eviction was not only issued, but executed, respondent's interest in the apartment was annulled by law. So the court had no authority to restore her in any event.

Toro v. Agropids: 51675/10, NYLJ 1202470923387 (Civ. Ct. Richmond; Marrazzo, J.; 8/18/10)

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