Tenant Violated Settlement Agreement

April 1, 2000

LVT Number: 14024

Landlord sued to evict tenant for nuisance based on her son's behavior. Landlord and tenant signed a settlement agreement in court by which a judgment of possession was granted to landlord, but eviction was delayed permanently on the condition that the son's abusive conduct stopped. Landlord later asked the court to vacate the delay of the eviction warrant because the son's abusive conduct continued. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant had agreed to use her best efforts to control her son, but clearly had failed to do so.

Landlord sued to evict tenant for nuisance based on her son's behavior. Landlord and tenant signed a settlement agreement in court by which a judgment of possession was granted to landlord, but eviction was delayed permanently on the condition that the son's abusive conduct stopped. Landlord later asked the court to vacate the delay of the eviction warrant because the son's abusive conduct continued. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant had agreed to use her best efforts to control her son, but clearly had failed to do so.

United West v. Vega: NYLJ, 3/1/00, p. 27, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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