Tenant Not Responsible for Remaining Lease Term Rent After He Moved Out

November 19, 2015

LVT Number: #26602

Landlords sued former tenant in small claims court, to recover unpaid rent for the four months that remained on tenant’s lease after tenant moved out. Landlord also claimed property damage. The court ruled against landlord because tenant had moved out as part of the settlement of a prior nonpayment proceeding. Landlord appealed and lost. Substantial justice had been done between the parties. Landlord had asked tenant to move out, and tenant complied. There was no provision in the settlement stipulation signed in the nonpayment case that required tenant to pay post-termination rent.

Landlords sued former tenant in small claims court, to recover unpaid rent for the four months that remained on tenant’s lease after tenant moved out. Landlord also claimed property damage. The court ruled against landlord because tenant had moved out as part of the settlement of a prior nonpayment proceeding. Landlord appealed and lost. Substantial justice had been done between the parties. Landlord had asked tenant to move out, and tenant complied. There was no provision in the settlement stipulation signed in the nonpayment case that required tenant to pay post-termination rent. And, while the small claims court ruled in error that landlord should have raised any claim regarding property damage in the nonpayment proceeding, there was no proof that there was any condition beyond normal wear and tear in the apartment. 

 

 

 

Kings Park 8809 LLC v. Stanton-Spain: 2015 NY Slip Op 51560(U), 2015 WL 6511628 (App. T. 2 Dept.; 10/19/15; Pesce, PJ, Aliotta, Solomon, JJ)

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