Tenant Must Pay Use and Occupancy

May 31, 2002

LVT Number: 15872

Landlord sued tenant for use and occupancy and back rent. The court awarded landlord use and occupancy at the rate of $675 per month, but no back rent. Landlord appealed. The appeals court ruled for landlord in part. The amount of the use and occupancy was adequate, but the case was sent back for a hearing on back rent owed to landlord. The lower court had incorrectly set off funds held by landlord under tenant's option to purchase against the back rent owed. The funds landlord held were the subject of a separate court case and weren't available for set off.

Landlord sued tenant for use and occupancy and back rent. The court awarded landlord use and occupancy at the rate of $675 per month, but no back rent. Landlord appealed. The appeals court ruled for landlord in part. The amount of the use and occupancy was adequate, but the case was sent back for a hearing on back rent owed to landlord. The lower court had incorrectly set off funds held by landlord under tenant's option to purchase against the back rent owed. The funds landlord held were the subject of a separate court case and weren't available for set off.

Hairston v. Garcia: NYLJ, 5/24/02, p. 23, col. 1 (App. T.2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

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