Subtenant's Guarantor Not Responsible for Damage to Apartment

January 1, 2000

LVT Number: 13820

Tenant of a co-op apartment sublet the apartment to subtenant. The one-year sublease was signed by tenant, subtenant, and subtenant's guarantor. An attached rider concerning the sublease renewal was signed only by tenant and subtenant. Subtenant moved out after several years, and tenant then sued subtenant and her guarantor for $7,000, claiming that subtenant left the apartment in a terrible condition. The guarantor asked the court to dismiss the case against him. The court ruled for the guarantor.

Tenant of a co-op apartment sublet the apartment to subtenant. The one-year sublease was signed by tenant, subtenant, and subtenant's guarantor. An attached rider concerning the sublease renewal was signed only by tenant and subtenant. Subtenant moved out after several years, and tenant then sued subtenant and her guarantor for $7,000, claiming that subtenant left the apartment in a terrible condition. The guarantor asked the court to dismiss the case against him. The court ruled for the guarantor. The guarantor didn't sign the lease rider concerning renewal, so any liability he had ended at the end of the original one-year lease term.

Lichtenberger v. Schussheim: NYLJ, p.32, col. 1 (12/29/99) (City Ct. Nassau; Smolkin, J)

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