Successor Tenant Not Responsible for Back Rent Predating His Lease

June 16, 2014

LVT Number: #25577

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $14,000 for the period from April 2007 through April 2013. Tenant asked the court to dismiss the case. He claimed that there was no rental agreement between himself and landlord until March 1, 2013, when landlord gave tenant a lease in his own name. Before that, tenant had claimed succession rights but landlord hadn't yet recognized him as a tenant. The court agreed and ruled for tenant. The back rent landlord sought predated tenant's lease agreement.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $14,000 for the period from April 2007 through April 2013. Tenant asked the court to dismiss the case. He claimed that there was no rental agreement between himself and landlord until March 1, 2013, when landlord gave tenant a lease in his own name. Before that, tenant had claimed succession rights but landlord hadn't yet recognized him as a tenant. The court agreed and ruled for tenant. The back rent landlord sought predated tenant's lease agreement. Some of the arrears also predated the death of prior tenant, who was tenant's mother. Tenant wasn't responsible for these rent arrears since he had no lease agreement with landlord before March 1, 2013.

REICO International Realty v. Robles: Index No. 072492/2013, NYLJ No. 1202655058397 (Civ. Ct. Kings; 5/1/14; Sikowitz, J)

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