Subtenant Can't Vacate Settlement Agreement

February 1, 2000

LVT Number: 13855

Landlord sued to evict rent-stabilized tenant for rent gouging. Landlord claimed that tenant sublet the apartment for a much higher rent than the legal regulated rent. Landlord and subtenant signed a settlement agreement in court by which subtenant agreed to move out. Subtenant later asked the court to vacate the agreement. The court ruled against subtenant. Although she wasn't represented by an attorney, the court fully explained the agreement to subtenant before she signed it, and there was no fraud, duress, or coercion. Also, there were no legal errors.

Landlord sued to evict rent-stabilized tenant for rent gouging. Landlord claimed that tenant sublet the apartment for a much higher rent than the legal regulated rent. Landlord and subtenant signed a settlement agreement in court by which subtenant agreed to move out. Subtenant later asked the court to vacate the agreement. The court ruled against subtenant. Although she wasn't represented by an attorney, the court fully explained the agreement to subtenant before she signed it, and there was no fraud, duress, or coercion. Also, there were no legal errors. Landlord wasn't required to deliver a notice to cure, and the termination notice sufficiently stated the grounds for eviction.

Tauber v. Smith: NYLJ 1/5/00, p. 27, col. 5 (Civ. Ct. NY; Schachner, J)

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