Tenant Can Vacate Settlement Agreement

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, who didn't have an attorney, signed a court-ordered agreement. Tenant agreed to pay back rent in installments. Landlord later asked the court for an eviction warrant because tenant hadn't paid $1,550 owed under the agreement. Tenant asked the court to vacate the settlement agreement. She now had an attorney and claimed a rent overcharge and breach of the warranty of habitability. The court ruled for tenant and sent the case back for a trial. Tenant had a valid defense and had paid more than half of the back rent owed to landlord under the agreement. She showed good cause to vacate the settlement agreement.

Eastern Estates, LLC v. McPherson: NYLJ, p. 30, col. 2 (5/19/99) (Civ. Ct. Kings; Thomas, J)