Tenant Restored to Possession After Paying Rent Owed

January 1, 1999

LVT Number: 12885

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Before tenant was actually evicted, he paid landlord the $2,800 owed in back rent. Landlord also accepted at least one additional new rent payment made by DSS on tenant's behalf. After the eviction, tenant asked the court to order landlord to restore him to possession. Landlord argued that once the court ruled in its favor, it could evict tenant. The court ruled for tenant. Landlord had told tenant when he paid the back rent that the judgment was fully satisfied.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Before tenant was actually evicted, he paid landlord the $2,800 owed in back rent. Landlord also accepted at least one additional new rent payment made by DSS on tenant's behalf. After the eviction, tenant asked the court to order landlord to restore him to possession. Landlord argued that once the court ruled in its favor, it could evict tenant. The court ruled for tenant. Landlord had told tenant when he paid the back rent that the judgment was fully satisfied. And landlord accepted new rent. Under these circumstances, tenant shouldn't have been evicted. Landlord was ordered to restore tenant to possession of the apartment.

467 42nd St. v. Decker: NYLJ, p. 30, col. 2 (12/9/98) (Civ. Ct. Kings; Callender, J)

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