Tenant Violated Chronic Nonpayment Settlement Agreement

June 30, 2004

LVT Number: 17403

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant on the condition that tenant pay rent on time during a probation period. Tenant violated that agreement and later asked the court to delay the eviction. The court ruled for tenant. Landlord appealed and won. The housing court abused its discretion in excusing tenant's lateness in making payment and delaying execution of the eviction warrant.

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant on the condition that tenant pay rent on time during a probation period. Tenant violated that agreement and later asked the court to delay the eviction. The court ruled for tenant. Landlord appealed and won. The housing court abused its discretion in excusing tenant's lateness in making payment and delaying execution of the eviction warrant.

M&B Lincoln Realty Corp. v. Lubrun: NYLJ, 6/29/04, p. 26, col. 4 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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