Landlord Can't Evict Tenant with Ambiguous Lease Rider

Landlord sued to evict rent-stabilized tenant after lease expired, claiming that tenant had agreed to end the lease. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant's 2005 lease rider was ambiguous. The trial court properly looked to evidence of events leading up to the signing of that lease and the parties' course of conduct regarding whether the lease was renewable at tenant's option. The court reasonably interpreted the lease rider in tenant's favor. The parties intended the lease be renewable for successive one- or two-year terms at tenant's option if he remained the sole leaseholder. No reasonable person in tenant's position would exchange a rent-stabilized apartment for one that didn't guarantee him lease renewals. Prior landlord had in fact renewed the lease twice before new landlord sought eviction. Tenant had the option to renew the lease.

844 Westend LLC v. Boulos: Index No. 570137/18, NYLJ No. 1549171786 (App. T. 1 Dept.; 1/30/19; Shulman, PJ, Ling-Cohan, Edmead, JJ)