Lease Guarantor Not Liable After Tenant's Lease Ended

Tenant's father guaranteed tenant's lease, which was renewed for one year. After that, tenant stayed in the apartment without paying rent for nine months. Landlord sued to get tenant's father to pay the nine months' rent owed. Landlord argued that father was liable because the lease stated that the guaranty remained in full force if the lease was changed or extended in any way. Father argued that he was only responsible for payments during the lease term. The lower court ruled for landlord, and father appealed. Father wins. Tenant had stayed in the apartment without renewing or extending his lease. So father's guarantee didn't apply. Also, guarantors are only held liable for the express terms of their agreement---father had never agreed to pay son's rent if he stayed in the apartment without a lease.

GSL Enterprises, Inc. v. Wingate: NYLJ, p. 21, col. 5 (9/27/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)