Tenant Can't Vacate Settlement Agreement

October 28, 2020

LVT Number: #31044

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement so-ordered by the court. They agreed to give landlord a final judgment of possession with execution on an eviction warrant stayed for tenant to pay back rent and current rent. Tenant later asked the court to vacate the settlement stipulation, claiming that she had unknowingly waived meritorious defenses including rent overcharge. The court ruled against tenant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement so-ordered by the court. They agreed to give landlord a final judgment of possession with execution on an eviction warrant stayed for tenant to pay back rent and current rent. Tenant later asked the court to vacate the settlement stipulation, claiming that she had unknowingly waived meritorious defenses including rent overcharge. The court ruled against tenant. Tenant raised no viable overcharge defense, and there was no indicia of fraud requiring a lookback of more than four years for tenant's pre-HSTPA claim. 

Linden Heights LLC v. St-Jean: Index No. 85952/19, NYLJ No. 1600807707 (Civ. Ct. Kings; 9/2/20; Cohen, J)

Topics

More like this