Tenant Who Can't Pay Back Rent Can't Delay Eviction

March 1, 2008

LVT Number: #20262

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Eviction was delayed on condition that tenant pay $1,000 by March 29, 2007, and $300 per month plus new monthly rent for the following 27 months. Tenant failed to make payments due in March through July. Tenant asked the court to vacate the settlement agreement and further delay the eviction. The court ruled against tenant. Tenant appealed and lost. By the time tenant got to court with his request for further delay, he owed landlord $11,700.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Eviction was delayed on condition that tenant pay $1,000 by March 29, 2007, and $300 per month plus new monthly rent for the following 27 months. Tenant failed to make payments due in March through July. Tenant asked the court to vacate the settlement agreement and further delay the eviction. The court ruled against tenant. Tenant appealed and lost. By the time tenant got to court with his request for further delay, he owed landlord $11,700. Although DSS agreed to pay $7,000 of the back rent, tenant didn't have the balance. Under the circumstances, the court reasonably denied tenant's request to vacate the settlement agreement, judgment, and eviction warrant.

621 Lefferts Ave., LLC v. Williams: NYLJ, 2/26/08, p. 32, col. 1 (App. T. 2 Dept.; Weston Patterson, JP, Rios, J)

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