Additional Tenant Added to Renewal Lease May Be Responsible for Back Rent

Landlord sued two apartment tenants for back rent and use and occupancy. The lease originally was between landlord and one of the tenants alone. A two-year lease renewal starting April 1, 2020, added the second named tenant. The second tenant asked the court to dismiss the case against her without trial. She claimed that she wasn't responsible for rent under the lease because landlord couldn't prove her signature and because landlord had sued the other tenant many times without also naming her as a defendant.

The court ruled against tenant. Landlord never formally took the position that the second tenant wasn't a tenant. And the fact that landlord may not have named the second tenant in prior actions didn't control over the terms of the lease renewal where the second tenant was now a party. The lease also contained a "no waiver" clause providing that landlord's failure to enforce any term of the lease wasn't a waiver of any of landlord's rights. A trial may be needed to determine the facts, and there may be additional grounds by which the second tenant was responsible for unpaid rent.

Decana, Inc. v. Faiman: Index No. 654628/2023, 2024 NY Slip Op 33277(U)(Sup. Ct. NY; 9/12/24; Nock, J)