Lease Guarantor Not Responsible for Damage to Apartment

March 24, 2015

LVT Number: #26075

Landlord sued lease guarantor to recover damages to the apartment after tenant moved out. The guarantor claimed that she wasn't responsible. The court ruled for the guarantor. Landlord appealed and lost. The guaranty signed clearly limited the guarantor's responsibility to payment of tenant's monthly rent. Nothing in the guaranty made the guarantor responsible for additional rent or for any damage to the apartment in excess of the security deposit. A guaranty should be strictly construed, and landlord's claim was properly dismissed.

Landlord sued lease guarantor to recover damages to the apartment after tenant moved out. The guarantor claimed that she wasn't responsible. The court ruled for the guarantor. Landlord appealed and lost. The guaranty signed clearly limited the guarantor's responsibility to payment of tenant's monthly rent. Nothing in the guaranty made the guarantor responsible for additional rent or for any damage to the apartment in excess of the security deposit. A guaranty should be strictly construed, and landlord's claim was properly dismissed.

Crystal Run Village, Inc. v. Nathanson: 2015 NY Slip Op 50217(U), Index No. 2013-13820RC (App. T. 2 Dept.; 2/24/15; Marano, PJ, Iannacci, Tolbert, JJ)

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