Tenant Didn't Move Out by Date Set in Court Stipulation

January 27, 2016

LVT Number: #26768

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Among other things, the agreement provided that landlord would forgive rent arrears but if tenant didn’t move out of the apartment by the date agreed to, landlord could seek a money judgment from the court. After tenant failed to move out on time, the court denied landlord’s request for a $6,000 money judgment. Landlord appealed and won. The settlement agreement clearly permitted landlord to obtain the money judgment.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Among other things, the agreement provided that landlord would forgive rent arrears but if tenant didn’t move out of the apartment by the date agreed to, landlord could seek a money judgment from the court. After tenant failed to move out on time, the court denied landlord’s request for a $6,000 money judgment. Landlord appealed and won. The settlement agreement clearly permitted landlord to obtain the money judgment. And, although, the one-family house tenant occupied contained an illegal basement apartment, the house wasn’t a multiple dwelling and the rent forfeiture provision of the Multiple Dwelling Law didn’t apply.

 

 

 
Thomas v. Brown: 50 Misc.3d 130(A), 2015 NY Slip Op 51907(U)(App. T. 1 Dept.; 12/28/15; Lowe III, PJ, Shulman, Ling-Cohan, JJ)

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