Oral Agreement Insufficient to Support Rent Hike

July 31, 2008

LVT Number: #20583

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $1,240 per month for seven months. Tenant argued that his rent was only $1,200 per month under the terms of his lease. The court ruled for landlord after a trial, finding that tenant owed $1,240 per month for the months in question. Tenant appealed and won. Tenant's brother didn't testify at trial. Landlord's testimony proved that tenant owed seven months' rent. But landlord's oral agreement with tenant's brother wasn't sufficient to bind tenant to an agreement to pay more than $1,200 per month.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $1,240 per month for seven months. Tenant argued that his rent was only $1,200 per month under the terms of his lease. The court ruled for landlord after a trial, finding that tenant owed $1,240 per month for the months in question. Tenant appealed and won. Tenant's brother didn't testify at trial. Landlord's testimony proved that tenant owed seven months' rent. But landlord's oral agreement with tenant's brother wasn't sufficient to bind tenant to an agreement to pay more than $1,200 per month. The court reduced the amount of the money judgment against tenant by $40 per month.

Friedman v. Eisner: NYLJ, 7/2/08, p. 39, col. 5 (App. T. 2 Dept.; Pesce, PJ, Golia, Steinhardt, JJ)

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