Lease Unclear About Tenant's Right to Use of Rear Yard

Landlord sent rent-stabilized tenant a notice terminating tenant's license to use the rear yard behind tenant's apartment. Tenant then sued landlord, seeking a declaration of his rights. Tenant claimed that his lease with prior landlord covered the apartment and the yard. Landlord claimed that the lease was clearly for the apartment only. Both sides asked the court to rule in their favor without a trial. The court ruled against both, finding that the lease was unclear. Both landlord and tenant appealed. The lease described the premises as ''Apartment Garden Floor Through on the Ground Floor.'' Tenant claimed that the use of the term ''garden'' in the description meant that the yard was included. Landlord claimed that the word ''garden'' simply described the location of the apartment within the building. The appeals court ruled that the lease was unclear. So a trial was required to decide the case.

Kohman v. Rochambeau Realty & Dev. Corp.: NYLJ, 4/14/05, p. 23, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Andrias, Sullivan, Ellerin, Williams, JJ)