Tenant Can't Vacate Settlement Agreement

June 30, 2004

LVT Number: 17430

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement. Tenant agreed to pay back rent by a certain date, and landlord agreed to delay execution of an eviction warrant. Tenant later asked the court to vacate the settlement agreement. Tenant claimed that landlord couldn't recover rent because the building was an illegal multiple dwelling. The court ruled against tenant. Tenant appealed and lost. Tenant had already paid the back rent and did so as a condition to delay eviction.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement. Tenant agreed to pay back rent by a certain date, and landlord agreed to delay execution of an eviction warrant. Tenant later asked the court to vacate the settlement agreement. Tenant claimed that landlord couldn't recover rent because the building was an illegal multiple dwelling. The court ruled against tenant. Tenant appealed and lost. Tenant had already paid the back rent and did so as a condition to delay eviction. So the rent was deemed to have been paid voluntarily and not improperly.

Furman v. DeGeorge: NYLJ, 6/10/04, p. 29, col. 1 (App. T. 2 Dept.; Aronin, JP, Golia, Rios, JJ)

Topics

More like this