Tenant Can Choose Renewal Term for Unsigned Lease

July 31, 2006

LVT Number: 19026

Landlord sued former rent-stabilized tenant for breach of a lease agreement after tenant moved out. Tenant claimed that his one-year renewal lease term had ended. Landlord pointed out that tenant hadn't signed his last renewal lease and landlord had deemed a two-year renewal. The court ruled for tenant and dismissed the case. When an unsigned rent-stabilized renewal lease is automatically renewed, it must be on the same terms as the previous lease renewals. One of the terms of a rent-stabilized renewal lease is that tenant gets to choose whether to renew for one year or two years.

Landlord sued former rent-stabilized tenant for breach of a lease agreement after tenant moved out. Tenant claimed that his one-year renewal lease term had ended. Landlord pointed out that tenant hadn't signed his last renewal lease and landlord had deemed a two-year renewal. The court ruled for tenant and dismissed the case. When an unsigned rent-stabilized renewal lease is automatically renewed, it must be on the same terms as the previous lease renewals. One of the terms of a rent-stabilized renewal lease is that tenant gets to choose whether to renew for one year or two years. Landlord was incorrect to assume that because the prior renewal lease was for two years, the most recent deemed renewal must also be for two years.

Lora Equities, Inc. v. Galindo: NYLJ, 7/19/06, p. 23, col. 3 (Civ. Ct. Kings; Velasquez, J)

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