Tenant Liable for Rent While Occupant Still in Apartment

April 30, 1998

LVT Number: 12324

(Decision submitted by Larry Furtzaig of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed he'd moved out and returned the new apartment keys to landlord's building super on July 1, 1997. Before moving out, tenant changed the locks to prevent his live-in girlfriend from getting back into the apartment. But the girlfriend's belongings were still in the apartment, and landlord had to let her back in since she'd been there with tenant's permission.

(Decision submitted by Larry Furtzaig of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed he'd moved out and returned the new apartment keys to landlord's building super on July 1, 1997. Before moving out, tenant changed the locks to prevent his live-in girlfriend from getting back into the apartment. But the girlfriend's belongings were still in the apartment, and landlord had to let her back in since she'd been there with tenant's permission. The girlfriend finally moved out in December 1997. The court ruled for landlord. When vacating the apartment, tenant was obligated to remove all occupants. Since he hadn't done so, he hadn't fully surrendered the apartment. Tenant was responsible for the rent through September 1997, when his lease expired.

One East River Place Realty Co. v. Avent: NYLJ, p. 30, col. 4 (4/8/98) (Civ. Ct. NY; Lau, J)

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