Tenant Substantially Complied with Settlement Agreement

August 31, 2003

LVT Number: 16801

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Eviction was delayed, and tenant agreed to pay rent by the 10th day of the month. Tenant didn't make a payment by the due date one month, and landlord sought to execute the eviction warrant. Tenant asked the court to delay the eviction. The court ruled against tenant. Tenant appealed and won. Tenant mailed his November payment on the ninth of the month. The 10th was a Sunday, and the 11th was a legal holiday. So landlord didn't receive tenant's payment until Nov. 12.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Eviction was delayed, and tenant agreed to pay rent by the 10th day of the month. Tenant didn't make a payment by the due date one month, and landlord sought to execute the eviction warrant. Tenant asked the court to delay the eviction. The court ruled against tenant. Tenant appealed and won. Tenant mailed his November payment on the ninth of the month. The 10th was a Sunday, and the 11th was a legal holiday. So landlord didn't receive tenant's payment until Nov. 12. This was a minor deviation from the payment terms of the settlement agreement and shouldn't result in eviction.

Bradhurst Ave. Assocs. v. Glover: NYLJ, 8/13/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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