Tenant Violated Settlement Agreement

January 1, 2006

LVT Number: 18598

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court that put tenant on probation. Landlord later asked the court to permit eviction based on tenant's violation of the probation agreement. The court ruled for landlord. Tenant appealed and lost. The record supported the court's finding that tenant repeatedly violated the agreement. Tenant's behavior was threatening, and he continued to commit acts of vandalism. Although the court sympathized with tenant, the health and safety of other tenants were at risk.

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court that put tenant on probation. Landlord later asked the court to permit eviction based on tenant's violation of the probation agreement. The court ruled for landlord. Tenant appealed and lost. The record supported the court's finding that tenant repeatedly violated the agreement. Tenant's behavior was threatening, and he continued to commit acts of vandalism. Although the court sympathized with tenant, the health and safety of other tenants were at risk.

Dinhofer Family LP v. Palladino: NYLJ, 12/21/05, p. 26, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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