Tenant Excused from Brief Delay in Paying Rent

October 10, 2012

LVT Number: #24378

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later defaulted and asked the court to delay eviction. The court ruled against tenant, who appealed and won. Tenant's defaults were relatively brief, she explained the reason for the payment delay, and she tendered all sums due within three weeks of the final installment payment due date. The settlement agreement didn't state that time was of the essence. Tenant showed good cause to be excused from her late payment.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later defaulted and asked the court to delay eviction. The court ruled against tenant, who appealed and won. Tenant's defaults were relatively brief, she explained the reason for the payment delay, and she tendered all sums due within three weeks of the final installment payment due date. The settlement agreement didn't state that time was of the essence. Tenant showed good cause to be excused from her late payment.

117 West 142, LLC v. Villanueva: NYLJ, 9/13/12, p. 24, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Torres, Hunter Jr., JJ)

Topics

More like this