Landlord Can't Prove Tenants Breached Court Stipulation Promising Not to Smoke

June 25, 2020

LVT Number: #30827

Landlord sued to evict tenants for smoking in their apartment. Landlord and tenants signed a settlement agreement in court. Tenants agreed to refrain from smoking or to permit any visitors to smoke in their apartment for one year, and to ensure that no cigarette smoke would travel from their apartment to any other apartments and common areas of the building should they smoke in their apartment after that one-year period. The settlement stipulation also provided that if tenants breached the agreement, landlord could ask the court to hold a hearing to determine if tenants defaulted.

Landlord sued to evict tenants for smoking in their apartment. Landlord and tenants signed a settlement agreement in court. Tenants agreed to refrain from smoking or to permit any visitors to smoke in their apartment for one year, and to ensure that no cigarette smoke would travel from their apartment to any other apartments and common areas of the building should they smoke in their apartment after that one-year period. The settlement stipulation also provided that if tenants breached the agreement, landlord could ask the court to hold a hearing to determine if tenants defaulted. If the court found that tenants had violated the agreement, landlord could evict them. 

Landlord did return to court, claiming tenants violated the stipulation. But the court held that tenants hadn't violated the agreement. Landlord appealed and lost. The trial court's decision that landlord failed to establish a breach of the settlement stipulation was supported by the record on appeal.

Agras Realty, LLC v. Susi: Index No. 2018-713KC, 2020 NY Slip Op 50626(U)(App. T. 2 Dept.; 529/20; Aliotta, PJ, Elliot, Toussaint, JJ)

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