Successor Tenant Not Responsible for Back Rent

July 17, 2014

LVT Number: #25641

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $8,000 in back rent from September 2013 through February 2014. Tenant argued that landlord sought rent that accrued after her mother, the prior tenant, died but before she had a landlord-tenant relationship with landlord. The court ruled for tenant. A renewal lease in tenant's own name didn't take effect until Nov. 1, 2013. So tenant wasn't responsible for rent before that date. The rent demand therefore was defective, and the case was dismissed.

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $8,000 in back rent from September 2013 through February 2014. Tenant argued that landlord sought rent that accrued after her mother, the prior tenant, died but before she had a landlord-tenant relationship with landlord. The court ruled for tenant. A renewal lease in tenant's own name didn't take effect until Nov. 1, 2013. So tenant wasn't responsible for rent before that date. The rent demand therefore was defective, and the case was dismissed.

Wellington Leasing v. Smith: Index No. 53898/14, NYLJ No. 120265869127 (Civ. Ct. Queens; 5/23/14; Ressos, J)

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