Settlement Agreement Didn't Bar Return of Deposit

July 31, 1999

LVT Number: 13450

Former loft tenant sued landlord for refund of a security deposit. The trial court ruled against tenant because tenant had signed a settlement agreement with landlord in a prior nonpayment case. Tenant appealed and won. The prior agreement didn't cover the issue of tenant's security deposit, and besides, tenant lived in the apartment for nine more years after the agreement was signed. The case was sent back for a trial on the issue of whether tenant was entitled to return of the deposit.

Former loft tenant sued landlord for refund of a security deposit. The trial court ruled against tenant because tenant had signed a settlement agreement with landlord in a prior nonpayment case. Tenant appealed and won. The prior agreement didn't cover the issue of tenant's security deposit, and besides, tenant lived in the apartment for nine more years after the agreement was signed. The case was sent back for a trial on the issue of whether tenant was entitled to return of the deposit.

Bennett v. Leicht: NYLJ, p. 26, col. 6 (7/8/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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