Prior Settlement Agreement Bars New Claim by Landlord

November 1, 2006

LVT Number: 19251

Landlord sued former tenants for damages after they moved out of the house they rented. Landlord claimed that tenants had left debris in the house and caused structural damage. Tenants asked the court to dismiss the case. In a prior nonpayment proceeding, landlord and tenants had signed a settlement agreement in court. In that agreement, tenants had agreed to move out by Oct. 15, 2004, and landlord could keep two months' security deposit. Landlord, in turn, agreed to release tenants from any further claim for damages. The court ruled for tenants.

Landlord sued former tenants for damages after they moved out of the house they rented. Landlord claimed that tenants had left debris in the house and caused structural damage. Tenants asked the court to dismiss the case. In a prior nonpayment proceeding, landlord and tenants had signed a settlement agreement in court. In that agreement, tenants had agreed to move out by Oct. 15, 2004, and landlord could keep two months' security deposit. Landlord, in turn, agreed to release tenants from any further claim for damages. The court ruled for tenants. Both landlord and tenants were represented by attorneys in the prior proceeding. The agreement didn't condition the release on any requirement to leave the house in good condition when tenants moved out.

Pardy v. Brashaw: NYLJ, 10/18/06, p. 32, col. 1 (Sup. Ct. Westchester; LaCava, J)

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