Landlord Not Responsible for Delayed Lease Start in Condo

Tenant sued landlord condo unit owner, claiming negligence. Tenant signed a lease with landlord on Jan. 22, 2010, for a term to start on Feb. 15. Tenant claimed that landlord negligently delayed submitting the application package to the building's managing agent. As a result, tenant didn't have required approvals and wasn't allowed to move in on Feb. 15. The court ruled against tenant and dismissed the case. Tenant knew that the lease commencement date was contingent on the condo building waiving its right of first refusal to rent the apartment, and that the condo had 30 days to act on the application even though the lease was signed less than 30 days in advance of the lease commencement date. There was no breach of any duty causing a late start date to the lease. In addition, tenant couldn't sue landlord for negligence for a breach of a contractual agreement.

Reiter v. Columbus Real Estate, Inc.: Index No. 108196/10, NYLJ No. 1202474409706 (Sup. Ct. NY; 10/20/10; Gische, J)