Tenant Complied with Settlement Agreement

September 8, 2012

LVT Number: #24343

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to pay rent by the 10th day of each month between January 2011 and April 2012, or else landlord could seek eviction. Landlord later came back to court, claiming that tenant violated the agreement. The court ruled against landlord. Landlord claimed that tenant failed to make timely payments in January 2012 and February 2012. But tenant showed proof of timely payment in January 2012, and paid the rent for February 2012 just one day late.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to pay rent by the 10th day of each month between January 2011 and April 2012, or else landlord could seek eviction. Landlord later came back to court, claiming that tenant violated the agreement. The court ruled against landlord. Landlord claimed that tenant failed to make timely payments in January 2012 and February 2012. But tenant showed proof of timely payment in January 2012, and paid the rent for February 2012 just one day late. Tenant's one-day delay in February was de minimis, or minor, and she otherwise abided with the terms of the agreement. The agreement didn't prohibit tenant from curing a de minimis default, and tenant had now completed the probation period under the settlement agreement.

President Capital v. Glanville: Index No. 88424/10, NYLJ No. 1202565080740 (Civ. Ct. Kings; 7/25/12; Lansden, J)

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