Tenant Must Be Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that tenant would pay back rent owed. Tenant didn't pay all the back rent and was evicted. Tenant then asked the court to order landlord to allow her back into the apartment. Landlord argued that tenant hadn't paid the back rent due. Landlord also had rented the apartment to another tenant. The court ruled for tenant. Tenant substantially complied with the stipulation, and her default wasn't willful. Tenant's rent was paid by DSS, which was slow to issue checks. DSS had, in fact, issued a number of checks to tenant, but some of these were stale dated. Landlord accepted some of these checks, totaling over $2,000. Tenant also acted quickly to have the other checks reissued in order to pay the remainder of the back rent. Landlord knew that tenant was in the process of getting the checks reissued and knew that the money would be forthcoming. Tenant had also lived in the apartment for over four years. The new tenant was only there a few months. Landlord was ordered to restore tenant to possession.

Jireh Rlty. Co. v. Rodriguez: NYLJ, p. 27, col. 6 (3/6/96) (Civ. Ct. Bronx; Thomas, J)