Tenant Can't Vacate Eviction Warrant

January 1, 2009

LVT Number: #20925

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement stipulation in court in August 2007. Tenant agreed that she owed landlord $12,000 in back rent and that she would pay by September 20. Landlord and tenant also agreed that a judgment would be entered for landlord, an eviction warrant issued, and execution of the warrant delayed to allow tenant time to comply with payment agreement. In late October, tenant asked the court to vacate the warrant. She claimed that the settlement agreement gave her possession of the apartment.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement stipulation in court in August 2007. Tenant agreed that she owed landlord $12,000 in back rent and that she would pay by September 20. Landlord and tenant also agreed that a judgment would be entered for landlord, an eviction warrant issued, and execution of the warrant delayed to allow tenant time to comply with payment agreement. In late October, tenant asked the court to vacate the warrant. She claimed that the settlement agreement gave her possession of the apartment. The court ruled against tenant. Tenant appealed and lost. Tenant presented no excuse to justify vacating the eviction warrant. Tenant didn't pay the back rent on time and, at the time of her request, owed landlord $15,000. She also failed to show an ability to pay the back rent.

Pembroke, LLC v. Simpson: NYLJ, 12/11/08, p. 37, col. 5 (App. T. 2 Dept.; Weston Patterson, JP, Golia, Steinhardt, JJ)

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