New Trial Required on Nonpayment Claim

January 1, 2005

LVT Number: 17821

Landlord sued former tenant in small claims court for back rent owed. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord in part. The court properly denied the rent claims for 1996 and 1997 because landlord didn't present sufficient proof. But tenant admitted that she lived in the apartment until at least the end of 1998 under a lease that expired on Jan. 31, 1999. And landlord claimed that tenant renewed her lease.

Landlord sued former tenant in small claims court for back rent owed. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord in part. The court properly denied the rent claims for 1996 and 1997 because landlord didn't present sufficient proof. But tenant admitted that she lived in the apartment until at least the end of 1998 under a lease that expired on Jan. 31, 1999. And landlord claimed that tenant renewed her lease. So a new trial was required on whether tenant owed rent for the lease term that ended in January 1999, whether she renewed her lease, and if renewed, whether she owed rent for the months before landlord rerented the apartment.

Q Hudson House LLC v. Pointdujour: NYLJ, 12/13/04, p. 35, col. 2 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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