Landlord Who Can't Prove Rental Agreement Can't Sue for Nonpayment of Rent

May 25, 2017

LVT Number: #27684

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that there was no rental agreement for the amount landlord claimed was due. Landlord, in turn, asked for permission to conduct pretrial questioning, claiming that there was a written lease. The court ruled for tenant and dismissed the case. There was no lease or rental agreement between landlord and tenant, and no express agreement for tenant to pay landlord the demanded rent. Since tenant never paid landlord any rent, no agreement to pay the demanded rent could be implied.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that there was no rental agreement for the amount landlord claimed was due. Landlord, in turn, asked for permission to conduct pretrial questioning, claiming that there was a written lease. The court ruled for tenant and dismissed the case. There was no lease or rental agreement between landlord and tenant, and no express agreement for tenant to pay landlord the demanded rent. Since tenant never paid landlord any rent, no agreement to pay the demanded rent could be implied. And landlord didn’t have an assignment of rent from prior landlord, and didn’t know if there was a prior rental agreement between tenant and prior landlord. So the rent demand was improper.

 

 

 
East Farm Holding One LLC v. Smart: Index No. 60272/16, NYLJ No. 1202783415369 (Civ. Ct. Kings; 3/9/17; Ressos, J)

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