Tenant Breached Settlement Agreement by Denying Access

September 30, 2000

LVT Number: 14414

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court in which tenant agreed to give landlord access for repairs upon 48 hours' notice. Tenant later refused to give landlord access, in violation of the agreement. Landlord asked the court to hold tenant in contempt. Tenant argued that he had now moved out of the apartment, so there was no harm to landlord. The court ruled for landlord. Tenant had refused access as a parting shot to landlord, in violation of the settlement agreement.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court in which tenant agreed to give landlord access for repairs upon 48 hours' notice. Tenant later refused to give landlord access, in violation of the agreement. Landlord asked the court to hold tenant in contempt. Tenant argued that he had now moved out of the apartment, so there was no harm to landlord. The court ruled for landlord. Tenant had refused access as a parting shot to landlord, in violation of the settlement agreement. The court fined tenant for costs and expenses, including landlord's attorney's fees.

Casazza v. Matrangolo: NYLJ, 9/27/00, p. 31, col. 1 (Civ. Ct. Kings; Bedford, J)

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