Landlord Can Evict Illegal Occupant Based on Stipulation

January 1, 1997

LVT Number: 11132

Landlord sued to evict illegal apartment occupant. Landlord and occupant stipulated that landlord would accept occupant as new tenant if occupant passed a credit check. Occupant failed the credit check, and landlord started an eviction. The court ruled for landlord, and occupant was evicted. Occupant appealed and lost. Passing the credit check was a condition to occupant remaining in the apartment. The credit check showed that occupant had filed for bankruptcy in 1992 and moved out of her prior residence owing substantial back rent.

Landlord sued to evict illegal apartment occupant. Landlord and occupant stipulated that landlord would accept occupant as new tenant if occupant passed a credit check. Occupant failed the credit check, and landlord started an eviction. The court ruled for landlord, and occupant was evicted. Occupant appealed and lost. Passing the credit check was a condition to occupant remaining in the apartment. The credit check showed that occupant had filed for bankruptcy in 1992 and moved out of her prior residence owing substantial back rent. So landlord's refusal to accept occupant as tenant was reasonable.

First Lenox Terrace Assoc. v. Nixon: NYLJ, p. 29, col. 1 (12/12/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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