Tenant Claims He Never Signed Lease

Facts: Landlord sued to evict tenants (father and son) for nonpayment of rent. Father claimed that although his name was on the lease, the signature wasn't his, and that he didn't read or understand English. Father also claimed that he'd paid rent for the apartment only because rent bills had been slipped under his door. Landlord presented a signed lease and testimony from the real estate broker who had shown tenants the apartment. Father didn't deny living in the apartment with his son, and didn't deny having paid no rent since August 1993. Court: Landlord wins. There was a valid lease between landlord and tenants. And a landlord-tenant relationship existed because father had paid rent to landlord. Father's testimony that he didn't understand or read English wasn't credible, because he'd signed the checks, and maintained several bank and credit card accounts. Also, when approached by a process server who'd previously identified father and son, both men denied being who they were. So tenants can be evicted for nonpayment of rent.

Sutton v. Levy: NYLJ, p. 25, col. 6 (9/21/94) (Civil Ct. Kings; Lau, J)