Tenant Excused from Apparent Default During Probation Period

LVT Number: #30276

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, putting tenant on probation for a year with tenant agreeing to pay monthly rent in certified funds or money orders so that landlord would receive payment by the 10th day of each month. The agreement gave tenant one cure within five days of default. Otherwise, landlord could return to court to seek eviction for a breach of the settlement agreement. Five months later, landlord returned to court, claiming that tenant had breached the agreement.

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Westwood House LLC v. Javier: Index No. 82406/2017, 2019 NY Slip Op 29215 (Civ. Ct. NY; 7/15/19; Capell, J)