Tenant Surrendered Apartment

May 31, 2005

LVT Number: 18138

Landlord sued tenant for rent owed, claiming that tenant broke her lease. Tenant, who was 84 years old, signed the lease and paid one month's rent and security deposit. But tenant never moved in because her condition required her to enter an assisted-care facility. Landlord agreed to rerent the apartment, but it took five months to do so. Tenant argued that the lease had been terminated and that she owed no rent. The court ruled for tenant and dismissed the case. Correspondence between landlord and tenant showed that landlord had accepted tenant's surrender of the apartment.

Landlord sued tenant for rent owed, claiming that tenant broke her lease. Tenant, who was 84 years old, signed the lease and paid one month's rent and security deposit. But tenant never moved in because her condition required her to enter an assisted-care facility. Landlord agreed to rerent the apartment, but it took five months to do so. Tenant argued that the lease had been terminated and that she owed no rent. The court ruled for tenant and dismissed the case. Correspondence between landlord and tenant showed that landlord had accepted tenant's surrender of the apartment. The court noted that RPL 227-a(2), which allows senior citizens entering adult-care facilities to terminate their leases, didn't apply to this case because tenant didn't give landlord the notice required under that law.

Windsor Realty LLC v. Carroll: NYLJ, 5/18/05, p. 20, col. 3 (Civ. Ct. Kings; Matos, J)

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