Landlord Can't Collect Back Rent from Successor Tenant

February 8, 2012

LVT Number: #23905

Landlord sued to evict rent-stabilized tenant's son after tenant died in 2009. In May 2011, landlord and tenant signed a settlement agreement by which landlord gave the son a renewal lease in his own name as successor tenant. Landlord then sued the son for nonpayment of rent for the period between January 2010 through March 2011. The court dismissed the case. Since the son didn't have a lease in his own name until May 2011, landlord couldn't sue him for rent that was owed for prior periods.

Landlord sued to evict rent-stabilized tenant's son after tenant died in 2009. In May 2011, landlord and tenant signed a settlement agreement by which landlord gave the son a renewal lease in his own name as successor tenant. Landlord then sued the son for nonpayment of rent for the period between January 2010 through March 2011. The court dismissed the case. Since the son didn't have a lease in his own name until May 2011, landlord couldn't sue him for rent that was owed for prior periods.

Strand Hill Associates v. Gassenbauer: Index No. 62713/11, NYLJ No. 1202538402773 (Civ. Ct. Kings; 1/6/12; Milin, J)

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