Tenant Didn't Pay “Use and Occupancy” While Eviction Case Pending

April 27, 2017

LVT Number: #27637

Landlord sued to evict tenant for nonprimary residence. While the case was pending, landlord and tenant signed a court-ordered agreement that tenant would pay monthly use and occupancy or else landlord could evict based on tenant’s default. Tenant later asked the court to vacate the default judgment based on failure to pay the use and occupancy. The court ruled for tenant. Landlord appealed and lost.

Landlord sued to evict tenant for nonprimary residence. While the case was pending, landlord and tenant signed a court-ordered agreement that tenant would pay monthly use and occupancy or else landlord could evict based on tenant’s default. Tenant later asked the court to vacate the default judgment based on failure to pay the use and occupancy. The court ruled for tenant. Landlord appealed and lost. Tenant’s failure to pay the “u&o” on time was neither willful nor intentional; tenant subsequently obtained funds sufficient to pay the amount owed; and tenant had a potentially meritorious defense to the nonprimary residence claims. 

 

 

 

London Terrace Associates v. Rubin: 2017 NY Slip Op 50378(U), NYLJ No. 1202782659160 (App. T. 1 Dept.; 3/29/17; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

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