Tenant Has No Excuse for Nonpayment of Co-op Rent

Landlord owned a cooperative apartment and rented it to tenant in May 2008. Tenant moved in but didn't pay the first and last months' rent or the security deposit, as required by his lease. Landlord sued tenant in small claims court for $5,000 after tenant moved out a few months later. Tenant claimed that landlord didn't get permission from the co-op board to rent the apartment. He didn't pay rent because he was afraid of being evicted. The court ruled for landlord. Co-op board members testified that landlord had followed proper procedures and had gotten approval for the rental to tenant. And rather than move out, tenant remained in the apartment for months in spite of his supposed concern that his tenancy was illegal.

Richardson v. Curran: NYLJ, 10/14/08, p. 19, col. 1 (Civ. Ct. NY; Mendez, J)