TenantNet Forum

Where tenants can seek help and help others



Settlement with Landlord not in writing. Any recourse?

NYC Housing Court Practice/Procedures

Moderator: TenantNet

Settlement with Landlord not in writing. Any recourse?

Postby stressedcantsleep » Fri Mar 11, 2011 5:28 pm

I sublet my rent controlled apartment to a friend, was sued in a Holdover Proceeding and before the last court date, came to a settlement agreement, through my attorney, to vacate in return for which the landlord would waive unpaid back rent and other misc items. At that final court date I gave up all my rights to the apartment and the judge ordered my now ex-friend to pay the back & future rent until she moved out. The landlord's obligations under the settlement weren't mentioned by my attorney at the court appearance.

Fast forward months later, nothing was paid and I am being billed by the apartment management for the rent owed plus building upkeep & MCI charges which would have been covered by the settlement agreement.

My then-attorney had refused to get the settlement agreement in writing when I asked him to, saying the plaintiff's attorney was trustworthy and he had known him for many years.

Can the landlord legally look to me for the rent money even though the court ordered someone else to pay it? Do I have any way to get the landlord to abide by a settlement agreement that isn't in writing? Was this refusal to get a written agreement malpractice by my attorney?
stressedcantsleep
 
Posts: 4
Joined: Mon Jun 08, 2009 2:45 pm

Postby TenantNet » Fri Mar 11, 2011 5:51 pm

"even though the court ordered someone else to pay it? "

Was there a "so ordered" stipulation signed by the judge?

Who are the attorneys?
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9501
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby stressedcantsleep » Mon Mar 21, 2011 12:14 pm

There was a Decision and Order signed by the Judge and entered with the Clerk of the Court. What was hand-written as the Decision was that I gave up my rights to the apartment and that the other party would move out and would pay directly to the landlord the back rent and all future rent until she left.
stressedcantsleep
 
Posts: 4
Joined: Mon Jun 08, 2009 2:45 pm


Return to Housing Court - NYC

Who is online

Users browsing this forum: No registered users and 1 guest