Agreement Provided No Remedy in Event of Payment Default

March 7, 2012

LVT Number: #23939

Landlord sued to evict tenant. They signed a settlement agreement in court. Landlord got a judgment of possession, while tenant agreed to move out by July 31, 2011. Tenant also agreed to pay a reduced rent of $1,000 per month instead of $2,000 for the months of May, June, and July. Landlord later sued tenant in small claims court, claiming that tenant owed back rent of $4,500 for the period between May and August 2011, when tenant was evicted. The court ruled against landlord and dismissed the case, finding no valid claim.

Landlord sued to evict tenant. They signed a settlement agreement in court. Landlord got a judgment of possession, while tenant agreed to move out by July 31, 2011. Tenant also agreed to pay a reduced rent of $1,000 per month instead of $2,000 for the months of May, June, and July. Landlord later sued tenant in small claims court, claiming that tenant owed back rent of $4,500 for the period between May and August 2011, when tenant was evicted. The court ruled against landlord and dismissed the case, finding no valid claim. The settlement agreement in the housing court case was silent as to the rights and obligations of the parties in the event of a default.

Lombardi v. Guadagno: Index No. 1191/11, NYLJ No. 1202543196815 (Civ. Ct. Richmond; 1/6/12; Straniere, J)

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