Tenant's Postdated Check Breached Agreement

Landlord sued to evict tenant for chronic nonpayment of rent after bringing eight prior nonpayment proceedings since 2005. Tenant signed a settlement agreement in court that required her to tender outstanding rent within one week of Nov. 3, 2009. Tenant gave landlord a check on Nov. 11, 2009, that was postdated to November 17. Landlord claimed that tenant breached the settlement agreement and asked permission to proceed with eviction. The court ruled for landlord. Tenant’s postdated check wasn’t payment but merely an agreement to pay, and was a violation of the stipulation. In the context of a chronic nonpayment case, this breach couldn’t be considered minor.

Great Neck Terrace Limited Liability Co. v. Regina: NYLJ, 2/10/10, p. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)