Tenant Owed Rent Charged Under Renewal Leases

March 31, 2009

LVT Number: #21111

Landlord sued to evict tenant for nonpayment of rent. The court ruled that tenant owed landlord $662 per month starting in October 2004 and $710 per month starting in October 2006. The court’s decision was based on copies of signed renewal leases landlord presented in court. Tenant claimed that she never saw or signed the renewal leases, but the court didn’t believe her. Tenant appealed and lost. The trial court’s ruling was supported by the record. Tenant also failed to prove that the renewal leases were invalid or unenforceable.

Landlord sued to evict tenant for nonpayment of rent. The court ruled that tenant owed landlord $662 per month starting in October 2004 and $710 per month starting in October 2006. The court’s decision was based on copies of signed renewal leases landlord presented in court. Tenant claimed that she never saw or signed the renewal leases, but the court didn’t believe her. Tenant appealed and lost. The trial court’s ruling was supported by the record. Tenant also failed to prove that the renewal leases were invalid or unenforceable. And there was no proof of any breach of the warranty of habitability, as tenant gave landlord no notice of the claimed problems in the apartment.

1180 50th Street Assoc., Inc. v. Topolenko: NYLJ, 3/9/09, p. 33, col. 4 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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