Successor Tenant Not Responsible for Prior Tenant’s Rent Arrears

June 16, 2015

LVT Number: #26212

Landlord sued to evict apartment occupant after tenant died. Occupant claimed that he was a family member with succession rights. Landlord and tenant later  signed a settlement agreement in court. Landlord agreed to give occupant a lease in his name. Occupant agreed to pay back rent owed for the apartment. Occupant later asked the court to vacate the settlement agreement. The court agreed.

Landlord sued to evict apartment occupant after tenant died. Occupant claimed that he was a family member with succession rights. Landlord and tenant later  signed a settlement agreement in court. Landlord agreed to give occupant a lease in his name. Occupant agreed to pay back rent owed for the apartment. Occupant later asked the court to vacate the settlement agreement. The court agreed. Occupant, as successor tenant, wasn’t legally responsible for back rent owed by prior tenant, and landlord couldn’t make this a condition giving him a lease.

 

 

 

Fortress CD LLC v. Joseph: 62177/14, NYLJ No. 1202726057680 (Civ. Ct. Bronx; 4/24/15; Weissman, J)

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