Tenant Excused from Late Payment Despite Agreement to Pay on Time

November 25, 2015

LVT Number: #26649

Landlord sued to evict tenant based on chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving tenant a 60-month probation period. Tenant complied for one and one half years through 2014. But by March 2015, tenant owed two months' rent. Landlord rejected late payment in April and asked the court for an order permitting execution on the eviction warrant. The court ruled against landlord, provided tenant paid all arrears by October 2015. The settlement agreement otherwise remained in full force and effect through February 2017.

 

Landlord sued to evict tenant based on chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving tenant a 60-month probation period. Tenant complied for one and one half years through 2014. But by March 2015, tenant owed two months' rent. Landlord rejected late payment in April and asked the court for an order permitting execution on the eviction warrant. The court ruled against landlord, provided tenant paid all arrears by October 2015. The settlement agreement otherwise remained in full force and effect through February 2017.

 

 
Boston Road Brooklyn LP v. Steptoe: Index No. L&T 103276/11, NYLJ No. 1202740781985 (Civ. Ct. Kings; 10/6/15; Finkelstein, J)

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