Tenant Substantially Complied with Agreement to Pay Rent on Time

February 14, 2018

LVT Number: #28195

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord and tenant signed a settlement agreement in court that required tenant to pay rent arrears and to make timely future rent payments. They also agreed that, upon three or more defaults, landlord could ask the court for a final judgment and evict tenant. The court denied landlord's later request for a judgment based on tenant's default. Landlord appealed and lost. Tenant diligently sought and received funds from a public agency to pay back rent owed.

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord and tenant signed a settlement agreement in court that required tenant to pay rent arrears and to make timely future rent payments. They also agreed that, upon three or more defaults, landlord could ask the court for a final judgment and evict tenant. The court denied landlord's later request for a judgment based on tenant's default. Landlord appealed and lost. Tenant diligently sought and received funds from a public agency to pay back rent owed. And tenant substantially complied with the agreement despite several minor defaults. Tenant had lived in the apartment for 15 years, and had now gotten a roommate and a second job to help with living expenses. 

1800 Albermarle, Inc. v. Pyle: 58 Misc.3d 148(A), 2018 NY Slip Op 50045(U) (App. T. 2 Dept.; 1/12/18; Elliot, JP, Pesce, Aliotta, JJ)

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