Tenant Offered Rent Due One Day Late

April 30, 2000

LVT Number: 14081

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case by a court-ordered settlement agreement. Tenant agreed to pay back rent due by a certain date. When tenant was late in paying, landlord asked the court to vacate the settlement agreement and permit eviction. The court ruled against landlord. Landlord appealed and lost. Tenant offered landlord a certified check for $15,000 one day late. This was a minimal violation of the settlement agreement and didn't warrant tenant's eviction after living in the apartment for 37 years.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case by a court-ordered settlement agreement. Tenant agreed to pay back rent due by a certain date. When tenant was late in paying, landlord asked the court to vacate the settlement agreement and permit eviction. The court ruled against landlord. Landlord appealed and lost. Tenant offered landlord a certified check for $15,000 one day late. This was a minimal violation of the settlement agreement and didn't warrant tenant's eviction after living in the apartment for 37 years.

Amsterdam Ave. HDFC v. Montero: NYLJ, 4/18/00, p. 26, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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