Court Can't Consider Oral Agreement

November 1, 2002

LVT Number: 16229

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay over $7,000 in back rent. Tenant appealed, claiming that landlord's husband orally agreed that tenant owed no rent. The appeals court ruled against tenant. Landlord's husband wasn't a party to the lease and had no authority to modify it. Tenant's written lease also stated that its terms could be changed only by a further written agreement.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay over $7,000 in back rent. Tenant appealed, claiming that landlord's husband orally agreed that tenant owed no rent. The appeals court ruled against tenant. Landlord's husband wasn't a party to the lease and had no authority to modify it. Tenant's written lease also stated that its terms could be changed only by a further written agreement.

Kluger v. Grube: NYLJ, 10/7/02, p. 29, col. 4 (App. T.2 Dept.; Floyd, PJ, Doyle, Winick, JJ)

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