Successor Tenant Not Responsible for Rent Accrued Before She Signed Lease

April 23, 2015

LVT Number: #26132

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant claimed that she didn't owe any rent for periods prior to April 16, 2012. The court agreed with tenant and dismissed this portion of the nonpayment clam. Landlord appealed and lost. Tenant succeeded to her mother's tenancy. But she didn't have a lease agreement with landlord until April 16, 2012. So landlord couldn't sue tenant for any rent that was outstanding from before that time. 

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant claimed that she didn't owe any rent for periods prior to April 16, 2012. The court agreed with tenant and dismissed this portion of the nonpayment clam. Landlord appealed and lost. Tenant succeeded to her mother's tenancy. But she didn't have a lease agreement with landlord until April 16, 2012. So landlord couldn't sue tenant for any rent that was outstanding from before that time. 

East Harlem Pilot Lock Building IV v. Diaz: 46 Misc.3d 150(A), 2015 NY Slip Op 50289(U) (App. T. 1 Dept.; 3/9/15; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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