Tenant Paid Back Rent Owed

January 1, 2001

LVT Number: 14630

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant then paid the back rent owed and asked the court to vacate the judgment. The court ruled for tenant. Landlord appealed, claiming that tenant hadn't paid all the money owed and should be evicted. The appeals court ruled against landlord. Tenant had paid an amount covering the back rent owed. Tenant also owed landlord's attorney's fees. But tenant shouldn't be evicted based on owing only attorney's fees, once he'd paid the back rent.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant then paid the back rent owed and asked the court to vacate the judgment. The court ruled for tenant. Landlord appealed, claiming that tenant hadn't paid all the money owed and should be evicted. The appeals court ruled against landlord. Tenant had paid an amount covering the back rent owed. Tenant also owed landlord's attorney's fees. But tenant shouldn't be evicted based on owing only attorney's fees, once he'd paid the back rent.

4220 Broadway Assocs. v. Perez: NYLJ, 12/5/00, p. 26, col. 2 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

Topics

More like this