Tenant Restored to Possession After Eviction

August 31, 2010

LVT Number: #22861

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. When tenant failed to pay the back rent due under the agreement, she was evicted. Tenant later asked the court to vacate the judgment and warrant. She claimed that the agreement misrepresented the amount of back rent due. Landlord argued that the agreement was valid and that a new tenant had moved into the apartment. The court ruled for tenant, finding good cause to vacate the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. When tenant failed to pay the back rent due under the agreement, she was evicted. Tenant later asked the court to vacate the judgment and warrant. She claimed that the agreement misrepresented the amount of back rent due. Landlord argued that the agreement was valid and that a new tenant had moved into the apartment. The court ruled for tenant, finding good cause to vacate the settlement agreement. The agreement impermissibly required tenant to pay legal fees and other nonrent charges to avoid eviction. And the new tenant would be more able to find new housing than tenant. Relocation for tenant would pose substantial hardship.

BFT Realty v. Medina: 42455/09, NYLJ 1202469992609 (Civ. Ct. Bronx; Madhavan, J; 8/4/10)

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