Tenant Evicted After Violating Settlement Agreement

January 11, 2013

LVT Number: #24532

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, and then a later agreement placing tenant on probation. The court and appeals court later ruled that landlord could evict tenant based on tenant's default. Tenant appealed again and lost. Tenant violated his settlement agreement, which provided for no further defaults in rent payment. The court didn't abuse its discretion by enforcing the terms of the settlement agreement and permitting eviction.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, and then a later agreement placing tenant on probation. The court and appeals court later ruled that landlord could evict tenant based on tenant's default. Tenant appealed again and lost. Tenant violated his settlement agreement, which provided for no further defaults in rent payment. The court didn't abuse its discretion by enforcing the terms of the settlement agreement and permitting eviction.

Wadsworth Ventura Associates 367 LLC v. Frias: 955 NYS2d 337, 2012 NY Slip Op 08462 (App. Div. 1 Dept.; 12/11/12; Andrias, JP, Friedman, DeGrasse, Manzanet-Daniels, Gische, JJ)

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