Landlord Can't Change Settlement Agreement Terms

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. The agreement gave landlord a judgment of possession and an eviction warrant. In return, landlord waived payment of any back rent and use and occupancy fees due. Eviction was delayed to Aug. 15, 2009. Later, tenant was unable to move out by that date and asked the court to vacate the settlement agreement. The court refused but gave tenant more time, to Sept. 30, 2009, to move out. Landlord then asked the court to make tenant pay the back rent and use and occupancy fees that were waived. The court ruled against landlord. There was no provision in the settlement agreement for tenant to pay if he failed to move out by August 15. Landlord waived these sums and couldn’t resettle the agreement.

Nationwide Protection Ltd. V. Martinez: NYLJ, 11/9/09, p. 20, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)