Landlord Waived Rent from SRO Tenant

Landlord sued to evict SRO cubicle tenant for nonpayment of rent. Landlord claimed that tenant owed rent at the rate of $9.61 per day since 2011. Tenant claimed the rent demand was improper. The court ruled for tenant and dismissed the case. Prior owner, whose principal was still the building's managing agent, had signed a rent waiver agreement with tenant for as long as landlord kept tenant's artwork installed at the building. Landlord claimed that this agreement ended when landlord sold the building. But no one advised tenant of the waiver termination or sought to collect rent from him for another six years. And landlord still used tenant's artwork on its Web site ads and key fobs at the building, which was now a hotel. Tenant also had relocated, at landlord's request, to another cubicle for which rent was $8 per day. So the rent demand sought an incorrect amount of daily rent.

Metro Sixteen Hotel, LLC v. Paxton: Index No. 56816/13, NYLJ No. 1202625535572 (Civ. Ct. NY; 9/20/13; Spears, J)