Tenant Evicted After Default Can't Be Restored to Possession

LVT Number: #26974

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant’s failure to appear in court. Tenant was then evicted and landlord re-rented the apartment. After that, tenant asked the court to vacate the eviction warrant and restore her to possession. The court ruled against tenant, who acknowledged receipt of the rent demand and failure to answer. Tenant claimed that she withheld rent due to conditions in the apartment but failed to answer landlord’s petition since she was caring for her mother after surgery out of town.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant’s failure to appear in court. Tenant was then evicted and landlord re-rented the apartment. After that, tenant asked the court to vacate the eviction warrant and restore her to possession. The court ruled against tenant, who acknowledged receipt of the rent demand and failure to answer. Tenant claimed that she withheld rent due to conditions in the apartment but failed to answer landlord’s petition since she was caring for her mother after surgery out of town. Although a ruling on the merits generally was preferable, issuance of the eviction warrant terminated the landlord/tenant relationship and tenant failed to show a reasonable excuse for her default and meritorious defense. 

 

 
Oregon Realty Co. v. Rincon: Index No. 84143/15, NYLJ No. 1202754690964 (Civ. Ct. Bronx; 3/14/16; Rodriguez, J)