Tenant Didn't Pay Back Rent Due Under Settlement Agreement

July 31, 2010

LVT Number: #22825

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. A judgment and warrant were entered in landlord's favor, and eviction was stayed provided tenant pay landlord $1,400 by March 20, 2009. Any monies tenant paid also would be applied first to current rent owed at $1,250 per month. Later, after failing to make payment, tenant asked landlord to further delay the eviction. The court ruled for tenant. Landlord appealed and won. Tenant paid landlord only $250 toward the $1,400 due.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. A judgment and warrant were entered in landlord's favor, and eviction was stayed provided tenant pay landlord $1,400 by March 20, 2009. Any monies tenant paid also would be applied first to current rent owed at $1,250 per month. Later, after failing to make payment, tenant asked landlord to further delay the eviction. The court ruled for tenant. Landlord appealed and won. Tenant paid landlord only $250 toward the $1,400 due. Tenant didn't substantially comply with the settlement agreement and shouldn't have been granted any further stay of eviction.

368 Chauncey Ave. Trust v. Whitaker: 28 Misc.3d 130(A), 2010 NY Slip Op 51254(U), 2010 WL 2802743 (7/16/10) (App. T. 1 Dept.; Golia, JP, Weston, Rios [dissenting], JJ)

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