Tenant Can Vacate Settlement Agreement

March 1, 1994

LVT Number: 8610

Landlord sued to evict tenant for not renewing her lease, for improperly maintaining a washing machine that overflowed, and for apartment overcrowding. Tenant signed a stipulation agreeing to move out within two months, in exchange for a waiver of her back rent. Tenant wasn't represented by an attorney. She later asked the court to vacate the stipulation. The trial court refused, and tenant appealed. The appeals court ruled for tenant. Tenant clearly didn't understand that landlord would have to prove its claims against her and that she'd be entitled to cure.

Landlord sued to evict tenant for not renewing her lease, for improperly maintaining a washing machine that overflowed, and for apartment overcrowding. Tenant signed a stipulation agreeing to move out within two months, in exchange for a waiver of her back rent. Tenant wasn't represented by an attorney. She later asked the court to vacate the stipulation. The trial court refused, and tenant appealed. The appeals court ruled for tenant. Tenant clearly didn't understand that landlord would have to prove its claims against her and that she'd be entitled to cure. Tenant also agreed to move out for nonpayment---a reason that was totally unrelated to landlord's proceeding. She could have been given an opportunity to get an increased shelter allowance from the department of social services.

Table Run Estate, Inc. v. Perez: NYLJ, p. 21, col. 2 (2/23/94) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

Topics

More like this