Tenant Not at Fault for Attorney's Failure to Release Rent Funds to Landlord

November 24, 2014

LVT Number: #25866

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later sought eviction due to tenant's failure to pay the back rent as agreed. Tenant claimed that the delay in releasing the rent funds to landlord was due to his attorney's mental illness, which affected the attorney's ability to function. The court granted tenant's request to delay the eviction further to permit tenant to pay. Landlord appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later sought eviction due to tenant's failure to pay the back rent as agreed. Tenant claimed that the delay in releasing the rent funds to landlord was due to his attorney's mental illness, which affected the attorney's ability to function. The court granted tenant's request to delay the eviction further to permit tenant to pay. Landlord appealed and lost. Tenant showed that he deposited the rent money into escrow in a timely manner and repeatedly attempted to get the matter resolved, and his new attorney offered to make landlord whole by reimbursing it for the costs and attorney's fees resulting from prior attorney's actions. 

CRJ Realty Corp. v. Espinal: Index No. 570584/14, NYLJ No. 1202677=2425769 (App. T. 1 Dept.; 10/1/14; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)

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