Tenant Evicted After Breaching Court Stipulation

May 18, 2016

LVT Number: #26958

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement by which tenant agreed to pay rent on time in the future. The court later found that tenant had breached the agreement by making several late payments, as well as payments for less than the stipulated amount of rent. The court therefore permitted eviction. Tenant then asked the court to vacate the judgment and permit him to return to the apartment. The court ruled against tenant, who appealed and lost.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement by which tenant agreed to pay rent on time in the future. The court later found that tenant had breached the agreement by making several late payments, as well as payments for less than the stipulated amount of rent. The court therefore permitted eviction. Tenant then asked the court to vacate the judgment and permit him to return to the apartment. The court ruled against tenant, who appealed and lost. The lower court held a hearing, didn’t abuse its discretion, and its decision was fair.

 

 

 

Fourth Lenox Terrace Associates v. Pittman: 2016 NY Slip Op 50638(U), 2016 WL 1620060 (App. T. 1 Dept.; 4/22/16; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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