Landlord Must Accept Late Lease

Facts: Landlord sued to evict tenant for nonprimary residence and illegal subletting. Landlord and tenant later signed a court agreement in November 1995 in which landlord agreed to give tenant a two-year lease starting Dec. 1, 1995, at a rent-stabilized rent of $475 per month. The lease wasn't signed due to a disagreement regarding its language. Landlord and tenant returned to court in the spring of 1996 and signed a new agreement clarifying some points in the lease. Still, the lease wasn't signed. In April 1997 landlord and tenant again agreed to sign a lease by a certain date. Landlord later claimed that tenant didn't comply with the terms of the agreement. Tenant asked the court to force landlord to accept a late lease. Tenant's attorney claimed his own error and illness had resulted in the delay. Court: Tenant wins. The agreement didn't call for a penalty if the lease was late. The original 1995 agreement was signed to settle the case, giving occupant who claimed pass-on rights a rent-stabilized lease reflecting a vacancy rent increase. Tenant had paid the rent increase since that time, even though the lease hadn't been finalized. The signing of the lease at this point was a formality, and landlord should accept the late lease.

1552-75-82 President St. Realty Corp. v. Hudson: NYLJ, p. 29, col. 5 (2/11/98) (Civ. Ct. Kings; Wendt, J)