Landlord Accepted Rent After Breach of Settlement Agreement

Landlord sued to evict tenant. Landlord and tenant settled the case. In the settlement agreement, tenant agreed not to file a rent overcharge complaint. Tenant's monthly rent was $1,500. Tenant later breached this part of the settlement agreement. Landlord asked the court for a judgment of possession and issuance of an eviction warrant based on tenant's breach of the settlement agreement. The court ruled against landlord because landlord had accepted rent from tenant for a year after tenant breached the agreement and because landlord had since given tenant a lease with an attached rent stabilization rider describing tenant's right to challenge his rent. Landlord asked the court to reconsider. The court did so, but still ruled against landlord. The rent stabilization rider was informational only and wasn't a basis to rule against landlord. But landlord had given up the right to seek eviction under the agreement by accepting rent from tenant for a year after tenant breached the settlement agreement.

433 West Assocs. v. Vermette: NYLJ, p. 27, col. 2 (6/2/99) (Civ. Ct. NY; Samuels, J)