Tenant Didn't Cancel Lease on Time

January 1, 2001

LVT Number: 14662

Landlord sued tenant to recover rent after tenant broke her lease and moved out of the apartment. Tenant claimed that she didn't owe any rent because she had told landlord she was moving out. The court ruled for landlord. Tenant appealed and lost. Tenant's lease rider stated that tenant could cancel the lease by giving landlord 45 days' written notice before moving out. Tenant didn't notify landlord until 30 days after she moved out. So tenant was responsible for paying rent under her lease term until landlord rerented the apartment.

Landlord sued tenant to recover rent after tenant broke her lease and moved out of the apartment. Tenant claimed that she didn't owe any rent because she had told landlord she was moving out. The court ruled for landlord. Tenant appealed and lost. Tenant's lease rider stated that tenant could cancel the lease by giving landlord 45 days' written notice before moving out. Tenant didn't notify landlord until 30 days after she moved out. So tenant was responsible for paying rent under her lease term until landlord rerented the apartment.

Commuter Hous. Co., Inc. v. Saunders: NYLJ, 12/11/00, p. 35, col. 3 (App. T.2 Dept.; DiPaola, PJ, Palella, Doyle, JJ)

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