Tenant Paid Most of Back Rent Due

September 30, 2000

LVT Number: 14421

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay back rent totaling $1,623. Landlord later asked the court to vacate the settlement agreement because tenant didn't pay the amount due. The court ruled against landlord. Landlord appealed and lost. Tenant gave landlord $1,610. Since this was only $13 short of the total amount due, the lower court properly ruled that tenant shouldn't be evicted, because he had paid most of the rent due.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay back rent totaling $1,623. Landlord later asked the court to vacate the settlement agreement because tenant didn't pay the amount due. The court ruled against landlord. Landlord appealed and lost. Tenant gave landlord $1,610. Since this was only $13 short of the total amount due, the lower court properly ruled that tenant shouldn't be evicted, because he had paid most of the rent due.

487-489 Amsterdam Ave., HDFC v. Montero: NYLJ, 9/29/00, p. 26, col. 2 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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