Tenant Didn't Move Out by Agreed-Upon Date

(Decision submitted by Anthony R. Mordente of the Queens law firm of Mordente Golfinopoulos & Pennisi, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. By court-ordered agreement, landlord and tenant agreed to convert the case to a holdover. Landlord waived the $1,500 back rent owed, and tenant agreed to move out by June 30, 1997. The agreement also stated that if tenant didn't move out by the agreed-upon date, landlord could ask the court for a judgment for the $1,500 in back rent owed. Tenant didn't move out by June 30. Tenant asked the court for an extension of time to remain in the apartment. Landlord then asked for a judgment for the back rent and for use and occupancy for July 1997. The court ruled for landlord, in part. The court found that $600 of the $1,500 was in exchange for tenant's vacating by June 30, and $900 was in exchange for converting the case to a holdover. So the court awarded landlord the $600 for tenant's failure to vacate by June 30. The court also awarded landlord $450 as use and occupancy for the 16 days in July that tenant remained in the apartment.

Green v. Joseph: L&T Index No. 62177/97 (7/28/97) (Civ. Ct. Queens; Cavallo, J) [3-page document]