Guarantee Doesn't Apply to Renewal Lease

March 1, 1995

LVT Number: 9535

Landlord sued to evict tenants for nonpayment of rent during the renewal term. Landlord also sued the two people who'd guaranteed tenants' original lease. Both guarantors asked the court to dismiss the case against them, arguing that they'd only guaranteed the original lease, not the renewal lease. Landlord argued that guarantors were still responsible for the rent because they'd signed the original lease. The court ruled for guarantors. They were responsible only for payments they'd expressly promised to guarantee those due under the original lease.

Landlord sued to evict tenants for nonpayment of rent during the renewal term. Landlord also sued the two people who'd guaranteed tenants' original lease. Both guarantors asked the court to dismiss the case against them, arguing that they'd only guaranteed the original lease, not the renewal lease. Landlord argued that guarantors were still responsible for the rent because they'd signed the original lease. The court ruled for guarantors. They were responsible only for payments they'd expressly promised to guarantee those due under the original lease. And they'd never signed the renewal lease, nor known the original lease had been renewed.

Trump Management Inc. v. Tuberman: NYLJ, p. 31, col. 2 (2/1/95) (Civ. Ct. Kings; Reichbach, J)

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