Tenant Substantially Complied with Order to Pay Back Rent

September 11, 2012

LVT Number: #24316

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant until June 30, 2011, for tenant to pay $986 without further extensions. Tenant later asked for a further stay until July 8, 2011, showing the court money orders for the full $986, but said she didn’t give the money to landlord until he came to collect on July 7. She claimed that she had no way to contact landlord unless he came to the apartment and that he refused to accept payment on that date because it didn’t include July rent of $493.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant until June 30, 2011, for tenant to pay $986 without further extensions. Tenant later asked for a further stay until July 8, 2011, showing the court money orders for the full $986, but said she didn’t give the money to landlord until he came to collect on July 7. She claimed that she had no way to contact landlord unless he came to the apartment and that he refused to accept payment on that date because it didn’t include July rent of $493. The court ruled against tenant, noting that one of her money orders was for $493 and dated July 16, 2011. The other was for $493 dated July 6, 2011. Landlord didn’t oppose tenant’s motion.

Tenant appealed and won. The lower court should have held a hearing on questions of fact raised by tenant’s claims and the money orders. And tenant produced a money order dated July 8, 2011, for the entire amount due under the court’s order. So tenant was in substantial compliance with the court’s order, and the case was dismissed.

First MWH&G Incorporation v. Gilbert: NYLJ, 8/23/12, p. 26, col. 2 (App. T. 2 Dept.; Pesce, PJ, Weston, Rios, JJ)

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