Is Rent-Stabilized Tenants' Agreement to Vacate Enforceable?

October 15, 2014

LVT Number: #25783

Landlord sued to evict rent-stabilized tenants, a husband and wife, after they failed to move out in accordance with the terms of a pre-litigation surrender agreement. Landlord claimed that there were no issues requiring a trial and asked the court to rule in its favor. The court ruled against landlord, who appealed and lost. There were questions of law and fact that barred simply granting a judgment for landlord.

Landlord sued to evict rent-stabilized tenants, a husband and wife, after they failed to move out in accordance with the terms of a pre-litigation surrender agreement. Landlord claimed that there were no issues requiring a trial and asked the court to rule in its favor. The court ruled against landlord, who appealed and lost. There were questions of law and fact that barred simply granting a judgment for landlord. These included whether the proceeding was properly commenced without a formal termination notice and whether eviction was contemplated as a remedy in the surrender agreement if tenants didn’t move out as agreed. If so, there was still a question as to whether the agreement was barred by public policy or equitable concerns.

 

 
686 W. 204th Street LLC v. Athanasios: 44 Misc.3d 143(A), 2014 NY Slip Op 51402(U) (App. T. 1 Dept.; 9/22/14; Schoenfeld, JP, Hunter Jr., Ling-Cohan, JJ)

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