Warrant Delayed so Tenant Can Pay Back Rent Due

May 31, 1999

LVT Number: 13245

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed in court that an eviction warrant would be delayed so tenant could pay the back rent due. Landlord later asked the court to move forward on the eviction warrant, claiming that tenant hadn't paid the back rent. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord had delayed seeking to enforce the eviction warrant. Tenant's back rent had also been discharged in bankruptcy. Tenant later sought to pay the back rent, but landlord refused payment.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed in court that an eviction warrant would be delayed so tenant could pay the back rent due. Landlord later asked the court to move forward on the eviction warrant, claiming that tenant hadn't paid the back rent. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord had delayed seeking to enforce the eviction warrant. Tenant's back rent had also been discharged in bankruptcy. Tenant later sought to pay the back rent, but landlord refused payment. The court now gave tenant another 10 days to pay landlord the back rent.

RVR Realty, LLC v. Azcona: NYLJ, p. 26, col. 1 (5/19/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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