Tenant Illegally Evicted

July 31, 1997

LVT Number: 11644

Landlord sued to evict tenant for nonpayment of rent. The eviction was delayed based on a stipulation by which tenant agreed to pay past-due rent by certain dates. Landlord claimed that tenant didn't comply with the stipulation, and tenant was evicted. Tenant then asked the court to be restored to possession. The court ruled for tenant. Landlord's own records showed that tenant paid all rent due under the stipulation before the eviction warrant was issued, even though some of it was paid late. Landlord should have gone back to court for any additional rent later owed by tenant.

Landlord sued to evict tenant for nonpayment of rent. The eviction was delayed based on a stipulation by which tenant agreed to pay past-due rent by certain dates. Landlord claimed that tenant didn't comply with the stipulation, and tenant was evicted. Tenant then asked the court to be restored to possession. The court ruled for tenant. Landlord's own records showed that tenant paid all rent due under the stipulation before the eviction warrant was issued, even though some of it was paid late. Landlord should have gone back to court for any additional rent later owed by tenant. Instead landlord sought eviction, claiming noncompliance with the stipulation. Landlord was ordered to let tenant move back into apartment and to pay for tenant's moving costs. New tenant was ordered to move out.

1325 Parkway Estates, LLC v. Weathers: NYLJ, p. 28, col. 5 (7/23/97) (Civ. Ct. Kings; Thomas, J)

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