Landlord Needn't Try to Rerent Apartment to Lessen Tenant's Damages

January 1, 2005

LVT Number: 17820

(Decision submitted by Scot Mackoff of the Manhattan law firm of Mitofsky, Shapiro, Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued former tenant for unpaid rent. Tenant's lease didn't end until April 2004, but tenant moved out of the apartment in June 2003. Landlord claimed that tenant owed rent for the months of August 2003 through April 2004. Tenant claimed that landlord couldn't demand this rent from tenant because it didn't try to rerent the apartment soon enough. The court ruled for landlord.

(Decision submitted by Scot Mackoff of the Manhattan law firm of Mitofsky, Shapiro, Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued former tenant for unpaid rent. Tenant's lease didn't end until April 2004, but tenant moved out of the apartment in June 2003. Landlord claimed that tenant owed rent for the months of August 2003 through April 2004. Tenant claimed that landlord couldn't demand this rent from tenant because it didn't try to rerent the apartment soon enough. The court ruled for landlord. New York courts have ruled that landlord has no duty to rerent an apartment during the lease term if tenant breaks a lease and moves out. Tenant is still responsible for paying rent due for the full lease term.

Hudson Waterfront Co., D, LLC v. Stonebridge: Index No. 30648/04 (Civ. Ct. NY; Wright, J 11/17/04) [3-pg. doc.]

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