Tenant Can Vacate Settlement Agreement

April 10, 2013

LVT Number: #24704

Landlord sued to evict long-term tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, by which tenant agreed to pay back rent by a certain date. When tenant failed to do so, he received an eviction notice. The court granted tenant's request to vacate the eviction warrant. Tenant had now tendered the full judgment amount. Landlord appealed and lost. The lower court had discretion to vacate the warrant, and tenant showed he had made good-faith efforts to secure emergency rental assistance to cover the rent arrears.

Landlord sued to evict long-term tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, by which tenant agreed to pay back rent by a certain date. When tenant failed to do so, he received an eviction notice. The court granted tenant's request to vacate the eviction warrant. Tenant had now tendered the full judgment amount. Landlord appealed and lost. The lower court had discretion to vacate the warrant, and tenant showed he had made good-faith efforts to secure emergency rental assistance to cover the rent arrears. At the time the lower court vacated the warrant, tenant owed no rent.

Tricham Housing Associates v. Akinduyl: 38 Misc.3d 146(A), 2013 NY Slip Op 50321(U) (App. T. 1 Dept.; 3/6/13; Schoenfeld, JP, Torres, Hunter Jr., JJ)

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