Tenant Evicted After Not Paying Back Rent

October 10, 2012

LVT Number: #24368

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later was evicted after failing to make agreed-to payments. Tenant then asked the court to restore him to possession, claiming that he had an excusable delay in payment. The court ruled against tenant. Tenant's default wasn't minor or inadvertent. Tenant claimed that his money was tied up in investments and unavailable. He received no financial assistance from DSS or other government agency that caused a delay in payment.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later was evicted after failing to make agreed-to payments. Tenant then asked the court to restore him to possession, claiming that he had an excusable delay in payment. The court ruled against tenant. Tenant's default wasn't minor or inadvertent. Tenant claimed that his money was tied up in investments and unavailable. He received no financial assistance from DSS or other government agency that caused a delay in payment. Tenant failed to offer any believable, excusable, or meritorious explanation for his continued nonpayment.

CE Eastern Parkway v. Martin: Index No. 062001/2012, NYLJ No. 1202569850047 (Civ. Ct. Kings; 8/28/12; Sikowitz, J)

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