Tenant Can Cure Failure to Sign Renewal Lease

August 9, 2012

LVT Number: #24252

Landlord sued to evict rent-stabilized tenant after tenant failed to sign a renewal lease. The court ruled against landlord, who appealed and won in part. It was undisputed that tenant failed to sign the renewal lease in a timely manner. So landlord was entitled to possession and it was an error to dismiss the case. But, since tenant eventually signed the renewal lease, albeit late, the court permitted tenant to cure on condition that tenant pay rent that had accrued since landlord started the case.

Landlord sued to evict rent-stabilized tenant after tenant failed to sign a renewal lease. The court ruled against landlord, who appealed and won in part. It was undisputed that tenant failed to sign the renewal lease in a timely manner. So landlord was entitled to possession and it was an error to dismiss the case. But, since tenant eventually signed the renewal lease, albeit late, the court permitted tenant to cure on condition that tenant pay rent that had accrued since landlord started the case.

72A Realty Associates v. Mercado: NYLJ, 7/31/12, p. 22, col. 1 (App. T. 1 Dept.; Torres, JP, Schoenfeld, Shulman, JJ)

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