Landlord v. Tenant: March 2018

APARTMENT RENOVATIONS

Court Upholds Tenant’s Agreement to Temporarily Relocate During Construction

Tenant sued landlord, claiming that tenant’s temporary relocation agreement was void as it improperly waived tenancy benefits. Tenant claimed that she was forced out of her apartment for landlord to use as a staging area to complete work on a penthouse above her. She said landlord convinced her she wouldn’t be safe if she stayed in the apartment. She said she wasn’t restored to the apartment and couldn’t get up the building’s stairs because she needed a wheelchair. The court ruled against tenant. She voluntarily entered into the agreement, received compensation, and had sufficient opportunity to discuss the agreement terms with an attorney.

• Asher v. 101 W. 78th LLC: 2017 NY Slip Op 32455(U), NYLJ No. 1514330473 (Sup. Ct. NY; 11/27/17)

RENT OVERCHARGE

Tenant Can’t Raise Untimely Rent Overcharge Claim

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant signed a settlement agreement in court. Eviction was delayed to allow tenant to pay back rent owed. Tenant later got an attorney and asked the court to vacate the settlement agreement. Tenant now claimed that the renewal lease offer was invalid based on fraud and rent overcharge. The court ruled against tenant. A mere suggestion of fraud wasn’t enough to look back at rent history more than four years. And landlord supplied significant proof that the rent increase in question was legitimate. Tenant also was time-barred by the four-year rule from asserting a rent overcharge defense. So eviction was delayed only for tenant to move out.

• Majestic Prop. LLC v. Solymannia: Index No. 56408/17, NYLJ No. 1516670994 (Civ. Ct. Queens; 1/8/18)

SECURITY DEPOSITS

Landlord Doesn’t Have to Refund Security Deposit

Former tenant sued landlord for return of his security deposit after he moved out of an apartment. The court dismissed the case after a trial. Tenant appealed and lost. The appeals court found that the trial court’s decision was reached under a fair interpretation of the evidence. Landlord showed that the cost of repairs required after tenant moved out was greater than the $1,350 security deposit. So the trial court fairly ruled that no security deposit refund was due.

• Jenkins v. Sarshar: 58 Misc.3d 148(A), 2018 NY Slip Op 50056(U) (App. T. 1 Dept.; 1/18/18)