Landlord Didn't Try to Rerent Apartment

LVT Number: 10564

Landlord sued former tenant to recover back rent after tenant moved out. Tenant claimed that landlord never tried to rerent the apartment. Landlord claimed it had no duty to do so. The court ruled for tenant and dismissed the case without a trial. Landlord claimed only that it posted several signs on the building that an apartment was available. Landlord was obligated to try to rerent the apartment as soon as possible. It presented no proof of any signs, bills, invoices, or service contracts for advertising the apartment after tenant moved out.

Landlord sued former tenant to recover back rent after tenant moved out. Tenant claimed that landlord never tried to rerent the apartment. Landlord claimed it had no duty to do so. The court ruled for tenant and dismissed the case without a trial. Landlord claimed only that it posted several signs on the building that an apartment was available. Landlord was obligated to try to rerent the apartment as soon as possible. It presented no proof of any signs, bills, invoices, or service contracts for advertising the apartment after tenant moved out.

Whitehouse Estates, Inc. v. Post: NYLJ, p. 26, col. 4 (4/10/96) (Civ. Ct. NY; Padilla, J)