Landlord Can't Rely on Facts of Old Settlement in New Case

July 31, 2009

LVT Number: #22050

Facts: In 2007, landlord sued to evict tenant for chronic nonpayment of rent. Landlord stated in his termination notice that he had started six nonpayment proceedings since 2003, and listed the case index numbers. Landlord and tenant settled the case in court. Tenant didn't admit any wrongdoing, but agreed to be put on probation and to pay her rent by the fifth of the month for one year to avoid eviction. Tenant fully complied with the settlement agreement, but later failed to pay rent for September, October, November, and December of 2008.

Facts: In 2007, landlord sued to evict tenant for chronic nonpayment of rent. Landlord stated in his termination notice that he had started six nonpayment proceedings since 2003, and listed the case index numbers. Landlord and tenant settled the case in court. Tenant didn't admit any wrongdoing, but agreed to be put on probation and to pay her rent by the fifth of the month for one year to avoid eviction. Tenant fully complied with the settlement agreement, but later failed to pay rent for September, October, November, and December of 2008. Landlord started a new eviction proceeding based on chronic nonpayment of rent. Tenant asked the court to dismiss the new case.

Court: Tenant wins. In his new termination notice and court petition, landlord relied on the same facts, citing the prior cases since 2003. But landlord had settled the prior case and couldn't therefore rely on the same facts to bring a new action based on chronic nonpayment. The case was dismissed.

Juncaj v. Roldan: NYLJ, 7/6/09, p. 18, col. 3 (Civ. Ct. Queens; Kramer, J)

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