Landlord sued former rent-stabilized tenant for back rent after tenant moved out. Landlord claimed that tenant owed rent at the rate of $1,080 per month for the period between October 2004 and April 2005 under a deemed renewal lease that started on May 1, 2004. Tenant claimed that he told landlord that he didn’t want to renew his lease and that he would be moving out, which he did in October 2004. The court ruled for landlord, finding that there was a deemed renewal lease and that tenant owed landlord $6,800 for the balance of the deemed renewal term.
Tenant appealed and won, in part. A rent-stabilized lease can’t be deemed renewed under Rent Stabilization Code Section 2523.5(c)(2) just because tenant held over after his renewal lease ended on April 30, 2004. But a trial was needed to decide whether landlord and tenant had an implied agreement for a one-year renewal lease ending on April 30, 2005. Landlord claimed that it had notified tenant before his last renewal expired that if he didn’t sign the renewal lease, it would be deemed renewed at a higher rent. Landlord claimed that tenant didn’t object and, in fact, paid the higher rent during the six months that he remained in the apartment. Tenant claimed that he had notified landlord that he wouldn’t renew his lease and that he was moving out. Tenant argued that he therefore became a month-to-month tenant, and didn’t have an enforceable renewal lease.
Samson Management, LLC v. Hubert: NYLJ, 6/7/10, p. 35, col. 1 (App. T. 2 Dept.; Nicolai, JP, LaCava, Iannacci, JJ)
