Tenant Gave Up Her Apartment After a Fire

Facts: Tenant asked the court to restore her to possession. She had moved out of her apartment shortly after a fire had destroyed it. On Aug. 23, several weeks after moving out, tenant sent landlord a note stating that she wouldn't be returning to the apartment. Later, landlord sent a form letter to all tenants whose apartments had been damaged, asking them if they planned to move back in once the repairs were completed. Tenant answered ''yes,'' but wrote that she'd prefer an apartment on a lower floor. Tenant then sent landlord a separate letter stating that she wanted to move back in, and asked him to ignore her letter of Aug. 23. About eight months later, landlord rented tenant's apartment to another couple. When tenant found out, she asked the court to prevent the new tenants from moving in. The judge postponed the move-in, and told tenant to send landlord a copy of the order postponing the move-in by certified mail, return receipt requested. Court: Tenant gave up her apartment when she sent landlord the first unsolicited letter on Aug. 23. Her later correspondence didn't revive her right to the apartment. Also, she couldn't prove she'd sent landlord a copy of the court order postponing the new tenants' right to move in. So the new tenants get the apartment.

LaValle v. Kast Realty Co.: NYLJ, p. 23, col. 2 (9/27/94) (Civil Ct., Bronx; Fiorella, J)