Tenant Excused from Apparent Default During Probation Period

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, putting tenant on probation for a year with tenant agreeing to pay monthly rent in certified funds or money orders so that landlord would receive payment by the 10th day of each month. The agreement gave tenant one cure within five days of default. Otherwise, landlord could return to court to seek eviction for a breach of the settlement agreement. Five months later, landlord returned to court, claiming that tenant had breached the agreement. Tenant failed to appear in court four times despite notice from the court, so the court then ruled for landlord, permitting eviction. After receiving the court's order and judgment, tenant asked the court to vacate the default judgment.

The court ruled for tenant after a hearing. Landlord failed to rebut tenant's claim that landlord's employee told her not to appear in court. She also showed that she had suffered from mental health problems during the period question, following the death of her father and a few other friends or family members. Tenant also showed that she had mailed one payment that was lost by the Post Office and that, after she was reimbursed for the payment, she immediately tendered the money to landlord. The default judgment was vacated and tenant's probation period continued.

Westwood House LLC v. Javier: Index No. 82406/2017, 2019 NY Slip Op 29215 (Civ. Ct. NY; 7/15/19; Capell, J)