Guarantor Liable for Unpaid Rent

September 30, 2002

LVT Number: 16143

Landlord sued lease guarantor for unpaid rent and attorney's fees. The court ruled against landlord. Landlord appealed and won. Landlord could recover from the guarantor for the months included in the lease extension, which the guaranty provided for. Guarantor didn't have to pay for any months beyond the term of the lease while tenant remained in the apartment after the lease ended.

Landlord sued lease guarantor for unpaid rent and attorney's fees. The court ruled against landlord. Landlord appealed and won. Landlord could recover from the guarantor for the months included in the lease extension, which the guaranty provided for. Guarantor didn't have to pay for any months beyond the term of the lease while tenant remained in the apartment after the lease ended.

Shelly Estates Group LLC v. Alston: NYLJ, 9/25/02, p. 21, col. 3 (App. T.2 Dept.; Pesce, PJ, Aronin, Rios, JJ)

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