Tenant's Agreement to Move out Was Unenforceable

August 31, 1997

LVT Number: 11809

Landlord sued to evict tenant based on tenant's agreement to end her rent-controlled tenancy and move out. The court ruled against landlord. Tenant can't give up rights under rent control through an agreement reached outside of a court. The agreement to end tenant's rent-controlled status was invalid. The rent control law specifically barred eviction proceedings based on agreements to surrender the apartment.

Landlord sued to evict tenant based on tenant's agreement to end her rent-controlled tenancy and move out. The court ruled against landlord. Tenant can't give up rights under rent control through an agreement reached outside of a court. The agreement to end tenant's rent-controlled status was invalid. The rent control law specifically barred eviction proceedings based on agreements to surrender the apartment.

Merwest Realty Corp. v. Prager: NYLJ, p. 22, col. 6 (8/27/97) (Civ. Ct. NY; Friedman, J)

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