Tenant's Rent Default Excused

April 1, 2005

LVT Number: 18004

Landlord sued to evict tenant for violating a ''no pets'' lease clause. Landlord and tenant signed a settlement agreement in court. Tenant later defaulted on rent payments under the agreement. Landlord sought to go ahead with eviction. The court ruled against landlord. Landlord appealed and lost. The lower court didn't abuse its discretion in excusing tenant's default. Tenant's delay in making rent payments was due in part to failed buyout negotiations between landlord and tenant. There was no harm to landlord by tenant's delay in payment.

Landlord sued to evict tenant for violating a ''no pets'' lease clause. Landlord and tenant signed a settlement agreement in court. Tenant later defaulted on rent payments under the agreement. Landlord sought to go ahead with eviction. The court ruled against landlord. Landlord appealed and lost. The lower court didn't abuse its discretion in excusing tenant's default. Tenant's delay in making rent payments was due in part to failed buyout negotiations between landlord and tenant. There was no harm to landlord by tenant's delay in payment.

Robrose Place, LLC v. Bell: NYLJ, 3/22/05, p. 27, col. 2 (App. T. 1 Dept.; Davis, JD, Gangel-Jacob, Schoenfeld, JJ)

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