Tenant Violated Probation Agreement in Chronic Nonpayment Case

February 1, 2008

LVT Number: #20182

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to make timely payments during a probation period. An eviction warrant was issued, but execution was delayed on the condition that tenant comply with the agreement. Landlord later sought eviction based on tenant's violation of the agreement. The court ruled for landlord. Tenant appealed and lost. Tenant had an extensive history of nonpayment that continued well into the probation term.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to make timely payments during a probation period. An eviction warrant was issued, but execution was delayed on the condition that tenant comply with the agreement. Landlord later sought eviction based on tenant's violation of the agreement. The court ruled for landlord. Tenant appealed and lost. Tenant had an extensive history of nonpayment that continued well into the probation term. The parties' agreement should be strictly enforced, and there should be no further delay of execution on the eviction warrant.

705 West 179th Street Realty, Inc. v. Rodriguez: NYLJ, 1/29/08, p. 34, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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