Tenant Can't Delay Eviction After Bankruptcy Filing

May 31, 2011

LVT Number: #23418

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed several settlement agreements in court. Landlord got a judgment, tenant agreed to pay back rent, and an eviction warrant was issued. Tenant later failed to comply with the agreement and asked the court to delay execution of the eviction warrant because she had filed a bankruptcy petition. The court ruled against tenant. Generally, tenants can't get a delay after a judgment of possession has been entered.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed several settlement agreements in court. Landlord got a judgment, tenant agreed to pay back rent, and an eviction warrant was issued. Tenant later failed to comply with the agreement and asked the court to delay execution of the eviction warrant because she had filed a bankruptcy petition. The court ruled against tenant. Generally, tenants can't get a delay after a judgment of possession has been entered. An exception applies if tenant had a right to cure the default and deposited with the bankruptcy court any rent that would become due during the 30 days after filing. But tenant didn't comply with this procedure, so she wasn't entitled to a stay of eviction.

North Town Phase III Assoc. v. Petrov: Index No. 77701/10, NYLJ No. 1202493944690 (Civ. Ct. NY; 5/9/11; Kraus, J)

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