Tenant Didn't Owe Back Rent for Period There Was No Lease

Landlord sued to evict tenant for nonpayment of rent during a period when tenant was holding over. Tenant asked the court to dismiss the case, claiming that there was no rental agreement between the parties for the period in question. The court ruled for tenant and dismissed the case. Tenant's prior rent-stabilized renewal lease had expired on July 31, 2009. Landlord then sued to evict tenant and accepted use and occupancy while the case was pending. Ultimately, tenant wasn't evicted and tenant's current renewal lease started on June 1, 2013. There was no renewal agreement in place in between 2009 and 2013. Landlord claimed that because tenant continued to recertify with Section 8 during the period in question, she implicitly agreed to pay the monthly rent sought in the petition. But tenant was complying with her obligation to notify Section 8 of changes in household income to maintain her voucher. There was no agreement between landlord and tenant during the period in question and no obligation for tenant to pay the back rent sought by landlord.

Underhill Ave. Realty v. Ramos: Index No. 72148/2013, NYLJ No. 1202656685735 (Civ. Ct. Kings; 5/15/14; Lai, J)