Guarantor Liable for Unpaid Rent While Occupant Remained in Apartment

December 1, 2001

LVT Number: 15451

Landlord sued tenant's guarantor for unpaid rent after tenant moved out and installed another occupant in the apartment without landlord's knowledge or consent. The guarantor claimed that he wasn't responsible, since tenant no longer resided in the apartment. The court ruled for guarantor and dismissed the case. Landlord appealed and won. The lower court's interpretation of the lease was unreasonable. Tenant should be considered to ''reside'' in the apartment for as long as his occupant remained there.

Landlord sued tenant's guarantor for unpaid rent after tenant moved out and installed another occupant in the apartment without landlord's knowledge or consent. The guarantor claimed that he wasn't responsible, since tenant no longer resided in the apartment. The court ruled for guarantor and dismissed the case. Landlord appealed and won. The lower court's interpretation of the lease was unreasonable. Tenant should be considered to ''reside'' in the apartment for as long as his occupant remained there. The guarantor was ordered to pay back rent totaling $3,200 for the six-month period that occupant remained in the apartment.

Muth v. Madoff: NYLJ, 11/9/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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