Tenant Violated Chronic Nonpayment Settlement Agreement

May 31, 2006

LVT Number: 18912

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The agreement put tenant on probation, and tenant agreed to pay rent on time. After signing the settlement agreement, tenant paid late six times. Each time tenant asked the court to extend the payment deadline and delay eviction. The court ruled for tenant five times, but denied tenant's sixth request for an extension. Tenant appealed and lost. The settlement agreement stated that time was of the essence.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The agreement put tenant on probation, and tenant agreed to pay rent on time. After signing the settlement agreement, tenant paid late six times. Each time tenant asked the court to extend the payment deadline and delay eviction. The court ruled for tenant five times, but denied tenant's sixth request for an extension. Tenant appealed and lost. The settlement agreement stated that time was of the essence. And tenant's late payment of rent, which was the grounds for the eviction case, clearly continued during the probation period. The lower court correctly denied tenant's request to vacate the judgment.

291 Pleasant Ave., LLC v. Morris: NYLJ, 5/30/06, p. 31, col. 3 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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