Tenant Cured Lease Renewal Failure in Time

July 10, 2013

LVT Number: #24888

Landlord sued to evict rent-stabilized tenant for failing to renew her lease. The court ruled for landlord, and awarded possession and a money judgment against tenant for $7,589. The court gave tenant 10 days after the issuance of the eviction warrant to sign her renewal lease and pay the back rent owed. Tenant renewed the lease but asked the court to permanently stay execution on the warrant because tenant hadn't paid the rent arrears. The court ruled against tenant, who appealed and won. The grounds for landlord's holdover proceeding was tenant's failure to renew her lease.

Landlord sued to evict rent-stabilized tenant for failing to renew her lease. The court ruled for landlord, and awarded possession and a money judgment against tenant for $7,589. The court gave tenant 10 days after the issuance of the eviction warrant to sign her renewal lease and pay the back rent owed. Tenant renewed the lease but asked the court to permanently stay execution on the warrant because tenant hadn't paid the rent arrears. The court ruled against tenant, who appealed and won. The grounds for landlord's holdover proceeding was tenant's failure to renew her lease. Tenant cured this condition after judgment within the 10-day statutory cure period provided by Real Property Actions and Proceedings Law Section 753(4). It was wrong for the court to add a further condition, that tenant pay back rent owed, in order to avoid eviction. 

Barmat Realty Co., LLC v. Quow: 39 Misc.3d 151(A), 2013 NY Slip Op 50977(U) (App. T. 2 Dept.; 6/6/13; Pesce, PJ, Aliotta, Solomon, JJ)

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