Tenant Not Responsible for Rent After Surrendering Possession

Landlord sued former tenant for back rent totaling $10,000 for the period between July 2007 and March 2008, at $1,042 per month. Tenant had signed an initial lease with landlord, and landlord produced several renewal leases signed in tenant's name through March 31, 2009. Tenant claimed that she wasn't responsible for the rent. She signed the original lease so that her friend could live in the apartment and said she didn't sign any of the renewal leases. Tenant said that her friend forged her name on the renewal leases. Tenant also claimed that landlord accepted rent payments directly from the friend who occupied the apartment, but submitted no proof of this. Tenant claimed that she had a valid sublease, but also offered no proof of this. The trial court ruled for landlord in part. Landlord wasn't required to mitigate damages if tenant simply moved out before her lease expired. But tenant had surrendered possession of the apartment by operation of law when she gave landlord back the keys and submitted a move-out form without notice on Dec. 14, 2007. Tenant also requested the refund of her security deposit at that time, which landlord withheld. Landlord accepted tenant's surrender of the apartment on Jan. 10, 2008, when it calculated that tenant owed $5,900 after withholding the security deposit. So tenant was responsible for only this amount.

Kings Holdings LLC v. Terrick: 2012 NY Slip Op 51153(U), 2012 WL 2400746 (Civ. Ct. Kings; 6/26/12; Levine, J)