Tenant Didn't Pay Back Rent

July 31, 2011

LVT Number: #23528

Landlord sued to evict tenant for nonpayment of rent. They signed a settlement agreement in court. Landlord agreed to make certain repairs within 30 days, and tenant agreed to pay back rent of $2,440 within 60 days. Four months later, tenant hadn't paid and asked the court to delay the eviction. All repairs had been made. The court ruled against tenant, who appealed and lost. It was not unjust to enforce the settlement agreement, which tenant had substantially breached. Landlord could proceed with the eviction.

Landlord sued to evict tenant for nonpayment of rent. They signed a settlement agreement in court. Landlord agreed to make certain repairs within 30 days, and tenant agreed to pay back rent of $2,440 within 60 days. Four months later, tenant hadn't paid and asked the court to delay the eviction. All repairs had been made. The court ruled against tenant, who appealed and lost. It was not unjust to enforce the settlement agreement, which tenant had substantially breached. Landlord could proceed with the eviction.

1215 Realty Associates LLC v. Thomas: 32 Misc.3d 131(A), 2011 NY Slip Op 51320(U) (App. T. 2 Dept.; 7/8/11; Weston, JP, Pesce, Rios, JJ)

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