Landlord Can Evict Tenant for Chronic Nonpayment of Rent

January 14, 2014

LVT Number: #25265

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement placing tenant on probation. When tenant violated the agreement to pay rent on time, landlord sought execution on the agreed-upon eviction warrant. The court granted tenant's request to further delay eviction and give tenant another chance to comply with the agreement. Landlord appealed and won. Tenant repeatedly failed to comply with the "time is of the essence" payment provisions contained in the settlement agreement.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement placing tenant on probation. When tenant violated the agreement to pay rent on time, landlord sought execution on the agreed-upon eviction warrant. The court granted tenant's request to further delay eviction and give tenant another chance to comply with the agreement. Landlord appealed and won. Tenant repeatedly failed to comply with the "time is of the essence" payment provisions contained in the settlement agreement. Given tenant's long history of rent defaults, which continued unabated into the probationary period, any further delay of the eviction was unwarranted.

Boston-167, LLC v. Coaxum: 42 Misc.3d 127(A), 2013 NY Slip Op 52133(U) (App. T. 1 Dept.; 12/17/13; Lowe III, PJ, Hunter Jr., Torres, JJ)

Topics

More like this