Landlord Seeks Use and Occupancy at Four Times Rent

February 1, 2011

LVT Number: #23185

Landlord sued to evict tenant after lease was terminated. Although tenant's monthly rent had been $3,600, landlord claimed that tenant should pay $15,000 per month in use and occupancy fees while the case was pending. The court ruled for landlord. Tenant appealed, and the case was sent back to the lower court for reconsideration. Landlord is entitled to reasonable compensation for use and occupancy at the fair market value of the apartment at the end of the lease. But landlord had submitted only an unsigned lease for a top-floor penthouse apartment and a broker's statement.

Landlord sued to evict tenant after lease was terminated. Although tenant's monthly rent had been $3,600, landlord claimed that tenant should pay $15,000 per month in use and occupancy fees while the case was pending. The court ruled for landlord. Tenant appealed, and the case was sent back to the lower court for reconsideration. Landlord is entitled to reasonable compensation for use and occupancy at the fair market value of the apartment at the end of the lease. But landlord had submitted only an unsigned lease for a top-floor penthouse apartment and a broker's statement. This was insufficient proof of the fair market value, and the court must reconsider.

Mushlam, Inc. v. Nazor: 2011 NY Slip Op 00155, 2011 WL 102561 (App. Div. 1 Dept.; 1/13/11; Andrias, JP, Catterson, Moskowitz, Manzanet-Daniels, Roman, JJ)

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