Lease Required Landlord to Pay for Utilities

September 30, 2011

LVT Number: #23627

Tenant sued landlord for breach of his lease in small claims court because landlord failed to pay tenant's utilities. Landlord claimed that the lease clause stating that landlord would pay for utilities was a drafting error. The court ruled for tenant. Landlord had typewritten the lease clause, which indicated that it was its intent to include this provision in the lease. But the small claims court couldn't make landlord take over ownership of tenant's Con Edison account and pay the bill.

Tenant sued landlord for breach of his lease in small claims court because landlord failed to pay tenant's utilities. Landlord claimed that the lease clause stating that landlord would pay for utilities was a drafting error. The court ruled for tenant. Landlord had typewritten the lease clause, which indicated that it was its intent to include this provision in the lease. But the small claims court couldn't make landlord take over ownership of tenant's Con Edison account and pay the bill.

Rotolo v. 2084 Grand LLC: Index No. 1036/11, NYLJ No. 1202513515410 (Civ. Ct. Bronx; 8/31/11; Franco, J)

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