Nonpayment Proceeding Dismissed Because There Was No Lease

October 26, 2023

LVT Number: #32916

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because no rental agreement was in place. Tenant's lease had expired. Landlord argued that a third-party occupant was granted occupancy by tenant when tenant and other roommates moved out, that the third-party and tenant had a rent agreement about the room, that the monthly rent was $1,000, and that tenant now owed $138,600. The court ruled for tenant. There was no meeting of the minds, and no contract formed, whether expressly or implied.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because no rental agreement was in place. Tenant's lease had expired. Landlord argued that a third-party occupant was granted occupancy by tenant when tenant and other roommates moved out, that the third-party and tenant had a rent agreement about the room, that the monthly rent was $1,000, and that tenant now owed $138,600. The court ruled for tenant. There was no meeting of the minds, and no contract formed, whether expressly or implied. Landlord could seek relief for use and occupancy, but not for rent arrears.

Crest I LP v. Topping: Index No. LT-052375-20, NYLJ No. 1695009675, 2023 NYLJ LEXIS 2477 (Civ. Ct. NY; 9/19/23; Fang, J)

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