Tenant Gets More Time to Clean Cluttered Apartment

December 1, 2002

LVT Number: 16291

Landlord sued to evict tenant for nuisance based on tenant's cluttered apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to clean the apartment by a certain date. When tenant didn't do so, an eviction warrant was issued. Tenant asked the court to delay the eviction to allow her to clean the apartment. The court ruled against tenant, and tenant appealed. The appeals court vacated the warrant. Tenant cleaned the apartment by the time the judgment was entered.

Landlord sued to evict tenant for nuisance based on tenant's cluttered apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to clean the apartment by a certain date. When tenant didn't do so, an eviction warrant was issued. Tenant asked the court to delay the eviction to allow her to clean the apartment. The court ruled against tenant, and tenant appealed. The appeals court vacated the warrant. Tenant cleaned the apartment by the time the judgment was entered. So landlord was entitled to a judgment of possession, but the eviction warrant was permanently delayed.

Trump Village Section 3, Inc. v. Birnbaum: NYLJ, 11/29/02, p. 25, col. 3 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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