Guarantor Responsible for Former Tenant's Unpaid Rent

April 26, 2016

LVT Number: #26940

Landlord sued tenant’s guarantor after tenant moved out and owed rent arrears. The guarantor claimed that the guaranty was inadmissible evidence because it was less than the required eight-point type. The court ruled that the disputed guaranty was admissible and that the guarantor was responsible for paying landlord $2,000 in damages. The court found that CPLR Section 105(t) applied so that the guaranty type-size requirement could be modified. That provision stated that a type-size requirement shall be deemed met if the type is a minimum of 45 percent of the specified point size.

Landlord sued tenant’s guarantor after tenant moved out and owed rent arrears. The guarantor claimed that the guaranty was inadmissible evidence because it was less than the required eight-point type. The court ruled that the disputed guaranty was admissible and that the guarantor was responsible for paying landlord $2,000 in damages. The court found that CPLR Section 105(t) applied so that the guaranty type-size requirement could be modified. That provision stated that a type-size requirement shall be deemed met if the type is a minimum of 45 percent of the specified point size.

 

 

Samson Management LLC v. Singh: Index No. 26619/13, NYLJ No. 1202752200469 (Civ. Ct. Queens; 3/8/16; Unger, J)

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