Tenant Didn't Show Good Cause to Stop Eviction

January 1, 2011

LVT Number: #23093

Landlord sued to evict tenant for nonpayment of rent in the amount of $851 per month between August 2008 and March 2009. Tenant and landlord signed a settlement agreement in court, giving landlord a judgment of possession but delaying eviction on the condition that tenant pay back rent owed. In 2010, tenant asked the court to delay the eviction warrant, claiming that landlord didn't repair apartment conditions listed in a prior stipulation. The court ordered landlord to make repairs by a certain date. Tenant then sought further delays of the eviction.

Landlord sued to evict tenant for nonpayment of rent in the amount of $851 per month between August 2008 and March 2009. Tenant and landlord signed a settlement agreement in court, giving landlord a judgment of possession but delaying eviction on the condition that tenant pay back rent owed. In 2010, tenant asked the court to delay the eviction warrant, claiming that landlord didn't repair apartment conditions listed in a prior stipulation. The court ordered landlord to make repairs by a certain date. Tenant then sought further delays of the eviction. When the court ruled against her, tenant again sought to delay the eviction, claiming that she now had the money owed to landlord. The court ruled against tenant and vacated all stays. Tenant hadn't shown good cause to vacate the eviction warrant. She didn't comply with the settlement agreement and continued to default despite further stipulations and court orders giving her more time to pay the back rent.

Audubon 189-190 LLC v. Cabrera: Index No. 60765/09, NYLJ No. 1202476028946 (Civ. Ct. NY; 12/3/10; Scheckowitz, J)

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