Tenant Can Vacate Agreement to Move Out After Getting Rid of 21 Cats

March 14, 2013

LVT Number: #24686

Landlord sued to evict rent-stabilized tenant for failing to cure lease violations, including harboring 21 cats in her apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out in five months, and landlord agreed to waive six months of rent arrears owed. Tenant subsequently got an attorney and asked the court to vacate the settlement agreement. The court ruled against tenant, who appealed and won.

Landlord sued to evict rent-stabilized tenant for failing to cure lease violations, including harboring 21 cats in her apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out in five months, and landlord agreed to waive six months of rent arrears owed. Tenant subsequently got an attorney and asked the court to vacate the settlement agreement. The court ruled against tenant, who appealed and won. Tenant had lived in the apartment for 17 years, demonstrated that she suffered from medical conditions that may have impaired her ability to make an informed decision in connection with the settlement, and had now removed the cats from the apartment.  

414 East 77 Realty v. Bennett: Index No. 570954/2011, NYLJ No. 1202589066423 (App. T. 1 Dept; 11/30/12; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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