Tenant Violated Agreement

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. Tenant agreed to pay rent on time while making installment payments on back rent owed. If she breached the agreement landlord could evict her after sending a five-day default notice. Tenant later breached the agreement, but asked the court to stop the eviction. She claimed that she had a right to cure. The court ruled against tenant, who appealed and lost. The default notice required under the settlement agreement wasn’t a notice to cure and none was required for chronic nonpayment. The agreement clearly required tenant to make all payments as due. Tenant’s first check paid under the agreement was returned for insufficient funds. Landlord could proceed with the eviction.

Monroe Place Associates v. Arango: NYLJ, 8/3/10, p. 32, col. 2 (App. T. 2 Dept.; Weston, JP, Golia, Steinhardt, JJ)