Tenant Must Pay Back Rent

February 1, 1994

LVT Number: 8571

Dutchess County landlord sued to evict tenant for nonpayment of rent. Tenant had moved out before his lease expired. Landlord sought back rent for tenant's last five months in the apartment, as well as accelerated rent for the unexpired term of the lease. The trial court ruled for landlord, and tenant appealed. Tenant claimed that his lease said that if he left within a year he was only responsible for one month's security. The court found that tenant was liable for rent arrears due since he'd sublet the apartment after he moved out.

Dutchess County landlord sued to evict tenant for nonpayment of rent. Tenant had moved out before his lease expired. Landlord sought back rent for tenant's last five months in the apartment, as well as accelerated rent for the unexpired term of the lease. The trial court ruled for landlord, and tenant appealed. Tenant claimed that his lease said that if he left within a year he was only responsible for one month's security. The court found that tenant was liable for rent arrears due since he'd sublet the apartment after he moved out. But since the lease didn't require landlord to re-rent the apartment to minimize damages, it was improper to award landlord accelerated rent for the balance of the lease term. The award to landlord was reduced from $8,130 to $3,380.

Rand v. Conklin: NYLJ, p. 29, col. 1 (1/7/94) (App. T. 2 Dept.; DiPaola, PJ, Ingrassia, Luciano, JJ)

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