Overcharge Amount Exceeded Rent Owed

May 31, 2003

LVT Number: 16601

Landlord sued rent-stabilized tenant and tenant's lease guarantor for four months' rent owed after tenant moved out before the lease ended. Tenant and guarantor claimed a rent overcharge. Guarantor also claimed that he wasn't a proper party to the case. The court ruled for guarantor and dismissed the case against him. Landlord admitted that there was some overcharge. The amount was greater than the four months' rent landlord sought. So there was no rent owed under the lease for which the guarantor could be held liable.

Landlord sued rent-stabilized tenant and tenant's lease guarantor for four months' rent owed after tenant moved out before the lease ended. Tenant and guarantor claimed a rent overcharge. Guarantor also claimed that he wasn't a proper party to the case. The court ruled for guarantor and dismissed the case against him. Landlord admitted that there was some overcharge. The amount was greater than the four months' rent landlord sought. So there was no rent owed under the lease for which the guarantor could be held liable.

1443 York Ave. Realty Co. v. Ronning: NYLJ, 5/28/03, p. 18, col. 4 (Civ. Ct. NY; Rakower, J)

Topics

More like this