Landlord Bound by Oral Agreement to Reduce Rent

July 31, 2001

LVT Number: 15174

Facts: Tenant's lease stated that his monthly rent was $2,916. Landlord reduced tenant's rent to $2,000 per month by oral agreement. Tenant paid this amount for a while, then stopped paying rent. Landlord sued to evict tenant for nonpayment. Landlord claimed that tenant owed $2,916 for the months when he paid nothing and for the months that he had paid a reduced rent. Landlord pointed to a no-waiver clause in tenant's lease. He said this barred any oral agreement. Court: Landlord wins in part. For the months that tenant paid no rent, he owed the full amount required by the lease.

Facts: Tenant's lease stated that his monthly rent was $2,916. Landlord reduced tenant's rent to $2,000 per month by oral agreement. Tenant paid this amount for a while, then stopped paying rent. Landlord sued to evict tenant for nonpayment. Landlord claimed that tenant owed $2,916 for the months when he paid nothing and for the months that he had paid a reduced rent. Landlord pointed to a no-waiver clause in tenant's lease. He said this barred any oral agreement. Court: Landlord wins in part. For the months that tenant paid no rent, he owed the full amount required by the lease. For the months when landlord accepted a lower rent by oral agreement, tenant didn't owe any additional rent.

Pistilli v. Tsagalas: NYLJ, 7/11/01, p. 24, col. 6 (Civ. Ct. Kings; Jacobson, J)

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