Prior Court Agreement Doesn't Bar Landlord from Getting Rent

August 31, 1999

LVT Number: 13506

Landlord sued tenant for back rent after tenant moved out of the apartment. The court ruled against landlord based on a prior court agreement made in an eviction case for nonpayment of rent. Landlord appealed and won, in part. The prior agreement didn't bar landlord from suing for rent after tenant moved out, since it was made ''without prejudice'' to any money claim arising out of tenant's lease or occupancy of the apartment. Since tenant was in the apartment between January and May, 1997, landlord was entitled to back rent for these months.

Landlord sued tenant for back rent after tenant moved out of the apartment. The court ruled against landlord based on a prior court agreement made in an eviction case for nonpayment of rent. Landlord appealed and won, in part. The prior agreement didn't bar landlord from suing for rent after tenant moved out, since it was made ''without prejudice'' to any money claim arising out of tenant's lease or occupancy of the apartment. Since tenant was in the apartment between January and May, 1997, landlord was entitled to back rent for these months. But whether landlord was entitled to additional rent for the period after tenant moved out depended on when landlord rerented the apartment. This was a fact issue that required a trial.

Harlington Realty Corp. v. Lee: NYLJ, p. 28, col. 4 (8/16/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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