Tenant Violated Settlement Agreement

LVT Number: 13594

Facts: Landlord sued to evict 73-year-old tenant for creating a nuisance. Landlord and tenant signed a court-ordered agreement in which tenant agreed not to curse, annoy, harass, or strike other tenants. A month later, landlord came back to court, claiming that tenant had breached the agreement. Tenant claimed the agreement wasn't binding since, among other things, she didn't have an attorney. Court: The agreement was binding, and landlord showed that tenant had breached it at some point after it was signed.

Facts: Landlord sued to evict 73-year-old tenant for creating a nuisance. Landlord and tenant signed a court-ordered agreement in which tenant agreed not to curse, annoy, harass, or strike other tenants. A month later, landlord came back to court, claiming that tenant had breached the agreement. Tenant claimed the agreement wasn't binding since, among other things, she didn't have an attorney. Court: The agreement was binding, and landlord showed that tenant had breached it at some point after it was signed. But tenant didn't have an attorney when she signed the agreement, and it was unclear that a breach of the agreement would result in a judgment rather than a trial. So the court ordered that a trial be held on landlord's original nuisance claim.

Olshan v. Mandas: NYLJ, p. 28, col. 6 (9/22/99) (Civ. Ct. NY; Billings, J)