Guarantor Responsible for Rent Unpaid by Tenant Who Never Surrendered Possession

Landlord sued tenant's lease guarantor for rent owed by tenant after tenant defaulted on payment, seeking $1,410,638. Landlord asked for a money judgment without any trial.

The court ruled for landlord. It was undisputed that tenant failed to pay rent in accordance with the terms of her lease. Tenant's default made the guarantor responsible for paying tenant's rent obligation. And, if tenant had any personal defenses to the default in rent payment, the guarantor wasn't entitled to raise those defenses on his behalf. The guarantor claimed that tenant moved out in March 2020, but there was no proof that landlord accepted a surrender of the premises from tenant. Landlord took no action against tenant except to terminate the lease in December 2021. No questions of fact precluded summary judgment in landlord's favor against the guarantor. A money judgment was issued against the guarantor for the past rent due plus interest.

129 W. 29th St. LLC v. Lavrinovich: Index No. 656404/2022, 2023 NY Slip Op 30511(U)(Sup. Ct. NY; 2/17/23; Borrok, J)