Landlord's Son Not Authorized to Extend Lease

September 30, 1993

LVT Number: 8209

Landlord sued tenant to have a lease extension declared void. Tenant was given a ten-year lease on his apartment by prior landlord in 1983. When prior landlord died in 1987, two of his sons became landlords. When the lease expired in 1993, tenant claimed that another one of landlord's sons had given him a lease extension in 1986. Landlords claimed that the third son had no authority to do so. The court ruled for landlords. This son had no written authority to act as landlord's agent. It didn't matter that he was a family member.

Landlord sued tenant to have a lease extension declared void. Tenant was given a ten-year lease on his apartment by prior landlord in 1983. When prior landlord died in 1987, two of his sons became landlords. When the lease expired in 1993, tenant claimed that another one of landlord's sons had given him a lease extension in 1986. Landlords claimed that the third son had no authority to do so. The court ruled for landlords. This son had no written authority to act as landlord's agent. It didn't matter that he was a family member. There was also no proof that landlords had made this son the building's managing agent. And, even if he was called the managing agent, that didn't mean he could enter into lease agreements.

Fabrizi v. Lambrakis: NYLJ, p. 23, col. 6 (9/8/93) (Sup. Ct. Queens; Lonschein, J)

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