Warrant Delayed

May 31, 2000

LVT Number: 14122

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by a certain date, and landlord agreed to make repairs. Landlord later asked the court to vacate the agreement and permit execution of the eviction warrant. The court ruled against landlord. Tenant was only a little late in paying back rent and was waiting for public assistance funds to come through. Also, landlord hadn't repaired 22 listed conditions under the agreement and had agreed at other times to delay execution of the eviction warrant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by a certain date, and landlord agreed to make repairs. Landlord later asked the court to vacate the agreement and permit execution of the eviction warrant. The court ruled against landlord. Tenant was only a little late in paying back rent and was waiting for public assistance funds to come through. Also, landlord hadn't repaired 22 listed conditions under the agreement and had agreed at other times to delay execution of the eviction warrant. So it was reasonable to delay the warrant in these circumstances.

Walker v. Hopkins: NYLJ, 5/24/00, p. 30, col. 4 (Civ. Ct. Kings; Finkelstein, J)

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