Landlord Improperly Settled Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent, claiming tenant owed over $18,000 back to June 2004. Landlord signed a settlement agreement in court with tenant's son, since tenant had died. The son agreed to convert the case into a holdover proceeding, to give landlord a judgment of possession, and to move out. Landlord agreed to waive all claims for back rent and to pay the son $5,000. Tenant's son later asked the court to vacate the settlement agreement and dismiss the case. Landlord had failed to provide copies of all renewal leases since 2003, so it was impossible to calculate the correct legal rent for each renewal period. The son also now claimed that he should be responsible only for rent accrued since his mother died in April 2010. Landlord claimed that the son was responsible for all unpaid rent. The court ruled for tenant's son. Landlord should have sued tenant's estate in a plenary action for back rent owed prior to tenant's death. And landlord didn't name tenant's estate as a necessary party to the eviction proceeding. The case was dismissed.

REICO International Realty Ltd. v. Rivera: Index No. 89803/10, NYLJ No. 12024834472355 (Civ. Ct. Kings; 2/18/11; Heymann, J)