Tenant Didn't Pay Rent During Probation Period as Agreed

July 31, 2008

LVT Number: #20601

Landlord sued to evict tenant based on chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent on time during a probation period or be evicted. Landlord later sought eviction based on tenant's continued nonpayment. Tenant asked the court to delay eviction and excuse her continued default. The court refused. Tenant appealed and lost. Tenant had agreed that time was of the essence when she signed the settlement agreement in court, and her chronic nonpayment continued unabated during the probation period that she had agreed to.

Landlord sued to evict tenant based on chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent on time during a probation period or be evicted. Landlord later sought eviction based on tenant's continued nonpayment. Tenant asked the court to delay eviction and excuse her continued default. The court refused. Tenant appealed and lost. Tenant had agreed that time was of the essence when she signed the settlement agreement in court, and her chronic nonpayment continued unabated during the probation period that she had agreed to.

377 Broome Street Corp. v. McManamon: NYLJ, 7/25/08, p. 38, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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