Tenants Can't Vacate Settlement Agreement

Landlord bank acquired a building in foreclosure and then sued to evict tenants after sending a 10-day notice to quit. Landlord and tenants signed a settlement agreement in court by which tenants agreed to move out by Dec. 3, 2008. Tenants later asked the court to delay the eviction and to vacate the settlement agreement. They claimed that the agreement was based on their understanding that a new owner would buy the building and allow them to remain as occupants. The court ruled against tenants. The settlement agreement language was clear and stated only that tenants would move out by the date agreed upon. Tenants couldn’t rely on any claim of an inconsistent verbal promise, and there was no proof that landlord committed any fraud to get them to sign the agreement.

Deutsche Bank National Trust Co. v. Debonis: NYLJ, 3/11/09, p. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)