Tenant Doesn't Have to Pay Arrears When Default Vacated

August 31, 1993

LVT Number: 8142

Landlord sued to evict tenant for nonpayment of rent. Tenant answered landlord's petition, but didn't appear in court. The court later vacated tenant's default on the condition that tenant pay all rent arrears due. Tenant appealed, claiming he shouldn't have to pay back rent at this point. The appeals court agreed. Tenant had promptly requested that the default be vacated and raised possible defenses. He'd claimed breach of the warranty of habitability and had sued landlord for violations.

Landlord sued to evict tenant for nonpayment of rent. Tenant answered landlord's petition, but didn't appear in court. The court later vacated tenant's default on the condition that tenant pay all rent arrears due. Tenant appealed, claiming he shouldn't have to pay back rent at this point. The appeals court agreed. Tenant had promptly requested that the default be vacated and raised possible defenses. He'd claimed breach of the warranty of habitability and had sued landlord for violations.

Carpenter Realty Co. v. Perez: NYLJ, p. 21, col. 1 (8/10/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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