Tenant Paid Rent Due Under Stipulation Two Days Late

April 1, 1997

LVT Number: 11347

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord and tenant stipulated that tenant would pay back rent owed of $6,500 within five days. Tenant gave landlord a certified check in the full amount two days late, and landlord rejected it as untimely. Landlord asked the court for permission to proceed with the eviction based on tenant's failure to comply with the stipulation. The court ruled for landlord, and tenant appealed and won.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord and tenant stipulated that tenant would pay back rent owed of $6,500 within five days. Tenant gave landlord a certified check in the full amount two days late, and landlord rejected it as untimely. Landlord asked the court for permission to proceed with the eviction based on tenant's failure to comply with the stipulation. The court ruled for landlord, and tenant appealed and won. Tenant's two-day delay in paying the back rent was a minor breach of the stipulation and didn't warrant forfeiture of a 30-year tenancy.

Capital Holding Corp. v. Ward: NYLJ, p. 27, col. 3 (3/3/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

Topics

More like this