Landlord Can't Change Terms of Settlement Agreement

February 1, 2003

LVT Number: 16395

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which landlord agreed to waive legal fees and court costs. Tenant in turn agreed to pay $3,600, the full back rent owed. Landlord also agreed to give tenant a one-year renewal lease starting Aug. 1, 2002, at a monthly rent of $725. Landlord later asked the court to change the settlement agreement to remove the lease renewal provision. Court: Landlord loses. It would be unfair to change a portion of the settlement agreement. Both sides were represented by attorneys.

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which landlord agreed to waive legal fees and court costs. Tenant in turn agreed to pay $3,600, the full back rent owed. Landlord also agreed to give tenant a one-year renewal lease starting Aug. 1, 2002, at a monthly rent of $725. Landlord later asked the court to change the settlement agreement to remove the lease renewal provision. Court: Landlord loses. It would be unfair to change a portion of the settlement agreement. Both sides were represented by attorneys. This clause gave tenant an incentive to settle and gave DSS a reason to make a payment on tenant's behalf, since the renewal lease showed that tenant would continue to live in the apartment.

2665 Homecrest Realty Assocs. v. Torres: NYLJ, 1/16/03, p. 24, col. 3 (Civ. Ct. Kings; Pinckney, J)

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