Guarantor Didn't Sign Renewal Lease

April 1, 2004

LVT Number: 17213

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for not renewing her lease on the same terms and conditions as her initial lease. Tenant's brother signed her initial lease as a guarantor. The lease also contained a no-waiver clause. The guarantor revoked his guaranty when tenant renewed her lease. And landlord rejected tenant's offer of an alternate guarantor based on review of the alternate's financial condition. The court ruled for landlord.

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for not renewing her lease on the same terms and conditions as her initial lease. Tenant's brother signed her initial lease as a guarantor. The lease also contained a no-waiver clause. The guarantor revoked his guaranty when tenant renewed her lease. And landlord rejected tenant's offer of an alternate guarantor based on review of the alternate's financial condition. The court ruled for landlord. Tenant appealed and lost. The Rent Stabilization Code requires renewal of leases on the same terms and conditions as the original lease. The guaranty was a key provision of the original lease, and the lease contained a no-waiver clause.

Sambr, LLC v. Brown: NYLJ, 3/3/04, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

Topics

More like this