Landlord Can't Collect Rent Remaining on Lease After Tenant Moved Out

November 28, 2016

LVT Number: #27361

Landlord sued former tenant in small claims court, seeking four months’ unpaid rent for the period after tenant moved out. The court ruled against landlord, who appealed and lost. Landlord and tenant had signed a settlement agreement in a prior nonpayment proceeding that gave landlord a final judgment for possession and several months of accrued unpaid rent. Tenant moved out after not complying with the agreement provisions to pay back rent.

Landlord sued former tenant in small claims court, seeking four months’ unpaid rent for the period after tenant moved out. The court ruled against landlord, who appealed and lost. Landlord and tenant had signed a settlement agreement in a prior nonpayment proceeding that gave landlord a final judgment for possession and several months of accrued unpaid rent. Tenant moved out after not complying with the agreement provisions to pay back rent. The trial court in this case fairly decided that since no mention was made in the settlement agreement regarding future rent following tenant’s apartment surrender, landlord couldn’t enforce lease provisions for rent payment once tenant moved out. The case was properly dismissed.

 

 
Kings Park 8809, LLC v. Stanton-Spain: 53 Misc.3d 145(A), 2016 N.Y. Slip Op. 51579(U) (App. T. 2 Dept.; 11/1/16; Pesce, PJ, Aliotta, Solomon, JJ)

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