Rent Owed for One Month After Eviction

LVT Number: 17303

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by a certain date and agreed to pay future rent for six months by the 10th day of the month. Judgment was entered for landlord with a delay of eviction while tenant made the payments. When tenant didn't pay the back rent as agreed, landlord asked the court to permit eviction. The court ruled for landlord. Tenant later asked the court to be restored to the apartment. The court ruled against tenant, but tenant appealed and won.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by a certain date and agreed to pay future rent for six months by the 10th day of the month. Judgment was entered for landlord with a delay of eviction while tenant made the payments. When tenant didn't pay the back rent as agreed, landlord asked the court to permit eviction. The court ruled for landlord. Tenant later asked the court to be restored to the apartment. The court ruled against tenant, but tenant appealed and won. Tenant then argued that she didn't owe rent for the month after she was evicted. The court and appeals court ruled against tenant. Under the terms of the original settlement agreement, tenant was required to pay rent on time for six months, including the month after she was evicted.

Rockaway One Co., LLC v. Williams: NYLJ, 4/6/04, p. 28, col. 6 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)