Landlord Can't Get Use and Occupancy After Lease Expired

May 31, 2000

LVT Number: 14161

Landlord sued former tenant for use and occupancy it claimed was due after tenant's lease expired on Dec. 31, 1997. The court ruled against landlord, finding that tenant had moved out and returned the keys to landlord before the lease expiration date. Landlord appealed and lost. There was no showing that tenant claimed any right to the apartment after the end or his lease term or that he allowed anyone else to remain in the apartment. So landlord had no claim to use and occupancy for any period following the lease expiration.

Landlord sued former tenant for use and occupancy it claimed was due after tenant's lease expired on Dec. 31, 1997. The court ruled against landlord, finding that tenant had moved out and returned the keys to landlord before the lease expiration date. Landlord appealed and lost. There was no showing that tenant claimed any right to the apartment after the end or his lease term or that he allowed anyone else to remain in the apartment. So landlord had no claim to use and occupancy for any period following the lease expiration.

Estate of Goldman v. Quintavalle: NYLJ, 5/1/00, p. 24, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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