Landlord Must Try to Rerent Abandoned Apartment

April 1, 2004

LVT Number: 17238

Landlord sued former tenant and lease guarantor for one year's rent totaling $7,000 after tenant broke her lease and moved out. Tenant claimed that landlord didn't try to rerent the apartment. Landlord argued that it wasn't required by law to do so. The court ruled against landlord on this question. It would be unreasonable and unfair to let landlord simply hold the apartment vacant for a year. Landlord must present proof that he tried to rerent the apartment before he can get rent from former tenant.

Landlord sued former tenant and lease guarantor for one year's rent totaling $7,000 after tenant broke her lease and moved out. Tenant claimed that landlord didn't try to rerent the apartment. Landlord argued that it wasn't required by law to do so. The court ruled against landlord on this question. It would be unreasonable and unfair to let landlord simply hold the apartment vacant for a year. Landlord must present proof that he tried to rerent the apartment before he can get rent from former tenant.

29 Holding Corp. v. Diaz: NYLJ, 3/31/04, p. 22, col. 4 (Sup. Ct. Bronx; Victor, J)

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