Tenant Must Pay Use and Occupancy for Furnished Apartment

November 1, 2001

LVT Number: 15388

Landlord sued to evict tenant. The court ruled for landlord and ordered tenant to pay use and occupancy for the furnished apartment for one month. Landlord appealed, claiming that he should get use and occupancy for additional months during which tenant occupied the apartment. The court ruled for landlord. Tenant must pay use and occupancy for the furnished apartment for another nine months. But tenant didn't have to pay use and occupancy for the use of vacant commercial space in the building used for storage, since landlord and tenant had no agreement about this.

Landlord sued to evict tenant. The court ruled for landlord and ordered tenant to pay use and occupancy for the furnished apartment for one month. Landlord appealed, claiming that he should get use and occupancy for additional months during which tenant occupied the apartment. The court ruled for landlord. Tenant must pay use and occupancy for the furnished apartment for another nine months. But tenant didn't have to pay use and occupancy for the use of vacant commercial space in the building used for storage, since landlord and tenant had no agreement about this.

Uned Assocs., LLC v. Foley: NYLJ, 10/31/01, p. 18, col. 1 (App. T.1 Dept.; Davis, JP, Suarez, JJ)

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