Landlord Can't Collect Rent from Co-Tenant After Lease Ended

Former tenant sued landlord to recover a security deposit. The court ruled for tenant and also dismissed landlord's related court case for unpaid rent from tenant for a period after his lease ended. Landlord appealed and lost. Tenant clearly notified landlord in early 2000 that he wouldn't renew the unregulated lease he had signed with co-tenant, his former fiancee. Landlord sent co-tenant alone a renewal lease, which she never signed, and instructed her to replace the security deposit, which she didn't do. Co-tenant's act of remaining in the apartment without renewing the lease didn't create any new agreement binding on tenant, who had moved out. Landlord's actions also indicated that it had accepted tenant's surrender of his interest in the apartment. Tenant had no further liability for rent and was entitled to the return of his security deposit.

Sutton v. Regina Metropolitan Co.: NYLJ, 6/21/05, p. 28, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)