Landlord Can't Prove Tenant Broke a Two-Year Lease Agreement

November 22, 2017

LVT Number: #28017

Landlord sued former tenant for breach of contract. Landlord claimed that tenant moved out with 11 months remaining on a two-year lease. Tenant claimed that he had a one-year lease, with the possibility of extending upon mutual consent. Tenant said that he stayed an extra month and that this was covered by the two-month security deposit he had paid. The court ruled against landlord, who appealed and lost. Landlord submitted different versions of the lease document that were inconsistent and illegible and, in any event, didn't prove that the lease was for a two-year term.

Landlord sued former tenant for breach of contract. Landlord claimed that tenant moved out with 11 months remaining on a two-year lease. Tenant claimed that he had a one-year lease, with the possibility of extending upon mutual consent. Tenant said that he stayed an extra month and that this was covered by the two-month security deposit he had paid. The court ruled against landlord, who appealed and lost. Landlord submitted different versions of the lease document that were inconsistent and illegible and, in any event, didn't prove that the lease was for a two-year term. The case was dismissed. 

Zhao v. Evans: 2017 NY Slip Op 07560, 2017 WL 4892135 (App. Div. 1 Dept.; 10/31/17; Richter, JP, Gische, Kapnick, Kahn, Kern, JJ)

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