Tenant Didn't Materially Breach Agreement to Keep Former Roommate Out

September 10, 2012

LVT Number: #24288

Landlord sued to evict rent-controlled tenant based on her roommate’s illegal activity at the apartment. Landlord and tenant signed a settlement agreement in court by which tenant agreed that the roommate would move out and that she would notify landlord immediately if the roommate appeared at the apartment. Landlord later asked the court for permission to execute an eviction warrant based on tenant’s violation of the agreement. The court ruled against landlord, who appealed and lost.

Landlord sued to evict rent-controlled tenant based on her roommate’s illegal activity at the apartment. Landlord and tenant signed a settlement agreement in court by which tenant agreed that the roommate would move out and that she would notify landlord immediately if the roommate appeared at the apartment. Landlord later asked the court for permission to execute an eviction warrant based on tenant’s violation of the agreement. The court ruled against landlord, who appealed and lost. The lower court reasonably determined that the roommate’s brief, unannounced visits to the apartment to retrieve his possessions didn’t injure landlord, put other building tenants at risk, or involve illegal activity.

TRI Cruger Realty, LLC v. Masterson: 36 Misc.3d 145(A), 2012 NY Slip Op 51590(U) (App. T. 1 Dept.; 8/24/12; Hunter Jr., JP, Shulman, Torres, JJ)

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