Landlord Cancelled Lease

January 1, 1993

LVT Number: 6637

Landlord sued to evict tenant for nonpayment of rent. The trial court dismissed landlord's petition, and landlord appealed. The appeals court again dismissed landlord's petition. Landlord had agreed on several occasions before the lease's starting date to paint and clean tenant's apartment. Landlord didn't do so and when tenant continued to insist that painting and cleaning be done, landlord cancelled the lease. Therefore, landlord couldn't ask for rent under the lease.

Landlord sued to evict tenant for nonpayment of rent. The trial court dismissed landlord's petition, and landlord appealed. The appeals court again dismissed landlord's petition. Landlord had agreed on several occasions before the lease's starting date to paint and clean tenant's apartment. Landlord didn't do so and when tenant continued to insist that painting and cleaning be done, landlord cancelled the lease. Therefore, landlord couldn't ask for rent under the lease.

[Jacobs v. Rosenberg: NYLJ, p. 23, col. 2 (12/21/92) (App. T.1 Dept.; Ostrau, PJ, Riccobono, McCooe, JJ)].

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