Settlement Agreement Didn't Authorize Eviction

November 1, 2005

LVT Number: 18414

Landlord sued to evict tenant based on nonprimary residence. Landlord and tenant signed a settlement agreement in court, in which they agreed to sign a new lease. Tenant also agreed to give landlord access for repairs. Later, landlord sought eviction after tenant didn't provide access in violation of the agreement. The court ruled for landlord. Tenant appealed and won. The settlement agreement stated that landlord could recover money damages if tenant didn't provide access. It didn't authorize eviction for this reason. And the issue raised in the case was primary residence, not repairs.

Landlord sued to evict tenant based on nonprimary residence. Landlord and tenant signed a settlement agreement in court, in which they agreed to sign a new lease. Tenant also agreed to give landlord access for repairs. Later, landlord sought eviction after tenant didn't provide access in violation of the agreement. The court ruled for landlord. Tenant appealed and won. The settlement agreement stated that landlord could recover money damages if tenant didn't provide access. It didn't authorize eviction for this reason. And the issue raised in the case was primary residence, not repairs. So landlord wasn't entitled to evict tenant.

315-317 W. 98th Street Co. v. Benedikt: NYLJ, 10/18/05, p. 28, col. 4 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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