Landlord Sued for Nonpayment of Rent Not Yet Agreed Upon

May 25, 2020

LVT Number: #30780

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Landlord sought unpaid rent at the monthly rate of $1,174 listed in tenant's 2019 lease. But tenant didn't sign the 2019 lease until January 2020. This was after landlord started the eviction proceeding. So landlord prematurely sought rent at an amount that the parties had not yet agreed on. The court ruled for tenant and dismissed the case.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Landlord sought unpaid rent at the monthly rate of $1,174 listed in tenant's 2019 lease. But tenant didn't sign the 2019 lease until January 2020. This was after landlord started the eviction proceeding. So landlord prematurely sought rent at an amount that the parties had not yet agreed on. The court ruled for tenant and dismissed the case.

Twin Parks LP v. Webster: Index No. 21110/19, NYLJ No. 1585560296 (Civ. Ct. Bronx; 3/6/20; Garland, J)

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