Court Vacates Settlement Agreement for Uncollectible Rent Amount

November 15, 2012

LVT Number: #24432

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later granted tenant's request to vacate the agreement for good cause shown. Tenant had waived several substantial defenses to landlord's claim, and the agreement was void because it was based on a rental amount that was uncollectible at the start of the proceeding. Tenant also had made some payments that weren't credited in the rent breakdown included in the agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later granted tenant's request to vacate the agreement for good cause shown. Tenant had waived several substantial defenses to landlord's claim, and the agreement was void because it was based on a rental amount that was uncollectible at the start of the proceeding. Tenant also had made some payments that weren't credited in the rent breakdown included in the agreement.

HY Management v. DeJesus: Index No. 58789/2012, NYLJ No. 1202575097128 (Civ. Ct. Kings; 10/3/12; Milin, J)

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