Tenant Violated Court Agreement to Cure Chronic Nonpayment of Rent

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, requiring tenant to make timely rent payments going forward, and to pay back rent owed in timely installments. They also agreed that no default would be de minimis, and that all payments must be made by the dates due, or else tenant would be evicted on five-days' notice of default. Landlord later sought eviction based on tenant's violation of the agreement. Tenant asked the court to stay execution of the warrant. The court ruled against tenant, who appealed and lost. Tenant's first payment made under the agreement was returned for insufficient amount. The language of the agreement between landlord and tenant clearly permitted eviction under these circumstances.

Monroe Place Associates v. Arango: 28 Misc.3d 130(A), 2010 NY Slip Op 51251(U), 2010 WL 2802736 (7/16/10)(App. T. 2 Dept.; Weston, JP, Golia, Steinhardt, JJ)