Agreement to Move Out Unenforceable

Landlord sued to evict occupants of rent-stabilized tenant's apartment, claiming that tenant had either moved out or agreed to move out. Tenant claimed that he had not moved out and had changed his mind about the agreement. Tenant was disabled, received Section 8 subsidies, and lived in the apartment with his four children and one grandchild. Tenant had signed two agreements with landlord. Landlord paid tenant $2,500, and tenant agreed to move out. Tenant thought the agreements gave him the option of returning the money and remaining in the apartment. Landlord claimed that this wasn't the agreement. The court ruled against landlord. A rent-stabilized tenant can't waive his rights. There were no grounds for eviction that might have led to an agreement. Landlord pressured tenant to move out. The first agreement was unclear as to whether tenant could cancel. Both agreements were signed by a tenant who was poor, disabled, and not represented by an attorney. For all of these reasons, the court ruled that the agreement wasn't enforceable.

Bravo Realty Corp. v. Lewis: NYLJ, 7/7/04, p. 18, col. 3 (Civ. Ct. NY; Schneider, J)