Tenant Restored to Possession

December 1, 2005

LVT Number: 18487

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Landlord then agreed to restore tenant to possession upon payment of back rent and attorney's fees by a certain date. One day after that date, DSS issued a check for the back rent, but not for the attorney's fees. Landlord claimed that tenant had violated the agreement. Tenant then asked the court to restore her to possession. DSS issued a new check for the full amount. The court ruled for tenant. Landlord appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Landlord then agreed to restore tenant to possession upon payment of back rent and attorney's fees by a certain date. One day after that date, DSS issued a check for the back rent, but not for the attorney's fees. Landlord claimed that tenant had violated the agreement. Tenant then asked the court to restore her to possession. DSS issued a new check for the full amount. The court ruled for tenant. Landlord appealed and lost. The week-long delay by DSS was clearly due to agency error and didn't harm landlord. It was a minor violation of the settlement agreement and wasn't tenant's fault.

Moshe Realty LLC v. Grant: NYLJ, 11/30/05, p. 24, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Belen, JJ)

Topics

More like this