Landlord Seeks Rent After Lease Expired

February 1, 2003

LVT Number: 16400

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that the rent was due under tenant's lease. But tenant's lease expired on Oct. 31, 2001, and landlord was seeking rent for January and February 2002. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord could have sought use and occupancy. But landlord wasn't entitled to sue for rent. There was no agreed-upon rental for any month after tenant stopped paying rent and no basis for holding tenant responsible for rent under the old lease.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that the rent was due under tenant's lease. But tenant's lease expired on Oct. 31, 2001, and landlord was seeking rent for January and February 2002. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord could have sought use and occupancy. But landlord wasn't entitled to sue for rent. There was no agreed-upon rental for any month after tenant stopped paying rent and no basis for holding tenant responsible for rent under the old lease.

Krantz & Phillips v. Sedaghati: NYLJ, 1/28/03, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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