Landlord Must Offer Tenant Residential Lease

September 30, 1996

LVT Number: 10898

Landlord sued to evict tenant. Tenant had a commercial lease permitting him to use the apartment as a medical office but giving landlord the right to end the lease on 30 days' notice. Landlord also signed a separate agreement giving tenant the right to a residential lease if tenant stopped seeing therapy clients in the apartment at landlord's request. The court ruled that landlord could evict, and tenant appealed. The appeals court ruled for tenant. Landlord had agreed to give tenant a residential lease if landlord ended tenant's commercial lease.

Landlord sued to evict tenant. Tenant had a commercial lease permitting him to use the apartment as a medical office but giving landlord the right to end the lease on 30 days' notice. Landlord also signed a separate agreement giving tenant the right to a residential lease if tenant stopped seeing therapy clients in the apartment at landlord's request. The court ruled that landlord could evict, and tenant appealed. The appeals court ruled for tenant. Landlord had agreed to give tenant a residential lease if landlord ended tenant's commercial lease.

Gerel Corp. v. Rosen: NYLJ, p. 21, col. 3 (9/24/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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