Surrender Agreement Invalid

August 31, 1998

LVT Number: 12581

Landlord sued to evict rent-controlled tenant. Tenant had agreed to surrender possession in exchange for a rent waiver and a money payment. Tenant no longer wished to comply with the agreement, but landlord claimed it was binding. The appeals court ruled that landlord couldn't evict tenant because the surrender agreement was invalid from the outset. Landlord can't avoid the Rent Control Law or prevent a long-term tenant from asserting her rights under the law based on any minor rent default.

Landlord sued to evict rent-controlled tenant. Tenant had agreed to surrender possession in exchange for a rent waiver and a money payment. Tenant no longer wished to comply with the agreement, but landlord claimed it was binding. The appeals court ruled that landlord couldn't evict tenant because the surrender agreement was invalid from the outset. Landlord can't avoid the Rent Control Law or prevent a long-term tenant from asserting her rights under the law based on any minor rent default.

Merwest Realty Corp. v. Prager: NYLJ, p. 27, col. 4 (8/10/98) (App. T. 1 Dept.; McCooe, JP, Freedman, Gonzalez, JJ)

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