Court Orders Landlord to Accept Back Rent

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by a certain date, and, in return, landlord agreed to waive a significant amount of rent arrears. Tenant later asked the court to vacate the agreement, as he was prepared to pay landlord with bank checks totaling $13,250. The court ruled for tenant despite landlord's strenuous objection. Although stipulations should generally be enforced, they were subject to the court's supervision and, in the interest of justice, landlord was ordered to accept tenant's payment. Tenant's check included full rent owed through April 2014.

332 EDC Realty Corp. v. Barlow: Index No. L&T 88153/2013, NYLJ 1202651858008 (Civ. Ct. Kings; 4/4/14; Avery, J)