Tenant Didn't Comply with Settlement Agreement

January 1, 2002

LVT Number: 15554

Landlord sued to evict rent-stabilized tenant for illegally subletting. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move back into the apartment by June 2000. Landlord later asked the court to vacate the settlement agreement and permit eviction because tenant didn't comply with the agreement. The court ruled for landlord. Tenant appealed and lost. Tenant didn't move back into the apartment. Instead, tenant rented the apartment to another illegal subtenant in March 2000 after signing the settlement agreement.

Landlord sued to evict rent-stabilized tenant for illegally subletting. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move back into the apartment by June 2000. Landlord later asked the court to vacate the settlement agreement and permit eviction because tenant didn't comply with the agreement. The court ruled for landlord. Tenant appealed and lost. Tenant didn't move back into the apartment. Instead, tenant rented the apartment to another illegal subtenant in March 2000 after signing the settlement agreement. Landlord didn't have to start a new court case, as tenant argued, and properly went back to court based on tenant's violation of the settlement agreement.

Beaux Arts Realty II, LLC v. Council: NYLJ, 12/5/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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