Landlord Can't Collect Rent Due for Unexpired Lease Term

April 30, 1993

LVT Number: 6985

Landlord sued to evict tenant for nonpayment of rent. Tenant owed just one month's rent, but landlord also claimed rent owed for the unexpired remainder of tenant's lease term. Tenant's lease had an acceleration clause. The Dutchess County trial court awarded landlord rent only for the month past due, and landlord appealed. The appeals court dismissed landlord's appeal. Tenant's lease didn't require landlord to re-rent the apartment and apply the rent received for tenant's benefit. So, the court wouldn't enforce this lease clause because it unfairly penalized tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant owed just one month's rent, but landlord also claimed rent owed for the unexpired remainder of tenant's lease term. Tenant's lease had an acceleration clause. The Dutchess County trial court awarded landlord rent only for the month past due, and landlord appealed. The appeals court dismissed landlord's appeal. Tenant's lease didn't require landlord to re-rent the apartment and apply the rent received for tenant's benefit. So, the court wouldn't enforce this lease clause because it unfairly penalized tenant.

Silver v. Brody: NYLJ, p. 25, col. 6 (4/23/93) (App. T. 2 Dept.; DiPaola, PJ, Stark, Collins, JJ)

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