Posts tagged "stipulation"

When Your Landlord Refuses To Live Up To An Agreement in Court

Whether your landlord is suing you for eviction, or you are suing your landlord for repairs, being in court takes its toll. Resources get depleted. Tenants have to take off from work, pay an attorney to represent them, and live with the stress of an unknown outcome.

Agreement by Tenant to Vacate Set Aside

Approximately 95% of tenants in housing court are not represented by attorneys. One of the results is that tenants often enter into agreements (or "stipulations") to give up their apartment even when they may have a strong defense to the case against them. In a recent Kings County housing court case, Wilson v. Burda, NYLJ 8/7/13, Judge Finklestein set aside an agreement to vacate that the tenant entered into three years before. The landlord had brought a case to evict the tenant solely because he had not provided access for extermination of bedbugs. Rather than defend the case, the tenant agreed to move out. The tenant never did move out but instead made a motion to set aside the agreement. The court, in setting aside the agreement, found that it was unduly harsh and one-sided, signed inadvertently, improvidently and worked a severe prejudice and detriment to tenant. Even though the tenant was successful in this case two key lessons are - do not deny access for extermination of bedbugs (unless you have a very good reason and have consulted with an attorney), and if at all possible do not sign an agreement to move out of your apartment without having an attorney look at it first.


Our Entire Firm Is Here For You

Hire us and you don’t get just one attorney – you get a team of professionals ready to help. Call us at (646) 666-8496 or reach us online today to schedule an appointment.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

<#if page.ID != "Contact" || page.sectionTop != "Attorneys">