Nonpayment Claim Against Successor Tenant Was Premature

March 7, 2012

LVT Number: #23923

Landlord sued to evict rent-stabilized successor tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. When prior tenant, who was tenant's grandmother, died, landlord had sued to evict tenant. That case was dismissed in February 2011 after tenant proved he had succession rights. Landlord then offered tenant a renewal lease in April 2011 that was made retroactive to June 2010. Tenant claimed that this renewal was improper and that the renewal lease couldn't take effect until August 2011, which was 90 days after the renewal lease was offered.

Landlord sued to evict rent-stabilized successor tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. When prior tenant, who was tenant's grandmother, died, landlord had sued to evict tenant. That case was dismissed in February 2011 after tenant proved he had succession rights. Landlord then offered tenant a renewal lease in April 2011 that was made retroactive to June 2010. Tenant claimed that this renewal was improper and that the renewal lease couldn't take effect until August 2011, which was 90 days after the renewal lease was offered. Since landlord had no landlord-tenant relationship during the period for which rent was sought, the nonpayment claim against tenant was dismissed.

Putnam Realty Associates LLC v. Piggott: Index No. 083171/11, NYLJ No. 1202540476137 (Civ. Ct. Kings; 1/19/12; Sikowitz, J)

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