Tenant's Payment Default Excused

February 1, 2006

LVT Number: 18609

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent in several installments, and an eviction warrant was issued, but execution was delayed. Tenant later defaulted on a payment, and landlord sought execution of the eviction warrant. Tenant asked the court to delay the eviction. The court ruled against tenant. Tenant appealed and won. Tenant paid a substantial portion of the back rent on time. And tenant made payments while the warrant was delayed pending his appeal.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent in several installments, and an eviction warrant was issued, but execution was delayed. Tenant later defaulted on a payment, and landlord sought execution of the eviction warrant. Tenant asked the court to delay the eviction. The court ruled against tenant. Tenant appealed and won. Tenant paid a substantial portion of the back rent on time. And tenant made payments while the warrant was delayed pending his appeal. It would be unfair to make long-term rent-stabilized tenant lose his lease under these circumstances.

Hunter Hale, LLC v. Peguero: NYLJ, 1/23/06, p. 26, col. 3 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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