Tenant Can Vacate Settlement Agreement

January 1, 2001

LVT Number: 14655

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in which tenant agreed to pay back rent. Tenant later asked the court to vacate the agreement. The court ruled against tenant. Tenant appealed and won. Tenant wasn't represented by an attorney when she signed the settlement agreement. And tenant showed that there may have been a rent overcharge. Landlord had given tenant two different leases for the same period in 1997, at different rent amounts. So there was good reason to set aside the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in which tenant agreed to pay back rent. Tenant later asked the court to vacate the agreement. The court ruled against tenant. Tenant appealed and won. Tenant wasn't represented by an attorney when she signed the settlement agreement. And tenant showed that there may have been a rent overcharge. Landlord had given tenant two different leases for the same period in 1997, at different rent amounts. So there was good reason to set aside the settlement agreement.

Grand Concourse LLC v. Rivera: NYLJ, 12/5/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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