Tenant Vacated Before Lease Ended

Landlord sued tenant for rent owed for the rest of tenant's lease term after tenant moved out of the apartment before his lease ended. Landlord asked the court to rule on the rent issue without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord in part. Since tenant admitted that he owed two months' back rent when he moved out, landlord was unquestionably entitled to this amount. But there were questions concerning whether landlord accepted tenant's surrender of the apartment and whether landlord rerented the apartment for the rest of the lease term after tenant moved out. A trial was required to determine the facts, since this would affect how much rent tenant owed landlord.

Solow Mgmt. Corp. v. Brzozowski: NYLJ, 3/13/00, p. 24, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)