Landlord Can Evict Tenants If They Don’t Remove Washing Machine

Landlord sued to evict rent-stabilized tenants for keeping and using a washing machine in their apartment, in violation of their lease. Landlord and tenants, each represented by attorneys, signed a settlement agreement in court calling for the issuance of an eviction warrant but delaying execution on the warrant to give tenants the chance to cure by removing the washing machine within 10 days. Landlord later claimed that tenants violated the agreement by not removing the washing machine and sought to execute on the eviction warrant. The court ruled for landlord. Tenants appealed and lost. Tenants violated the settlement agreement by not removing the washing machine, and landlord was entitled to evict them. However, the court gave tenants a final opportunity to remove the washing machine since tenants had lived in the apartment for 37 years.

Parkchester Preservation Company v. Lambert: 51 Misc.3d 149(A), 2016 NY Slip Op 50804(U) (App. T. 1 Dept.; 5/23/16; Schoenfeld, JP, Hunter Jr., Ling-Cohan, JJ)