Tenant Can Vacate Settlement Agreement

April 30, 2004

LVT Number: 17297

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement and judgment. The court ruled against tenant. Tenant appealed and won. Tenant had raised a defense of breach of the warranty of habitability in her answer to landlord's petition. This issue should have been covered in the settlement agreement. Tenant also claimed that the case should be dismissed because landlord sent her a three-day rent demand instead of the five-day demand required by tenant's lease.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement and judgment. The court ruled against tenant. Tenant appealed and won. Tenant had raised a defense of breach of the warranty of habitability in her answer to landlord's petition. This issue should have been covered in the settlement agreement. Tenant also claimed that the case should be dismissed because landlord sent her a three-day rent demand instead of the five-day demand required by tenant's lease. However, tenant had waived the right to object to this defect and wasn't harmed by it.

Seeram v. Kearse: NYLJ, 4/6/04, p. 29, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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