Tenant Who Abandoned Apartment Must Pay Rent Due

June 30, 1997

LVT Number: 11599

Landlord sued former residential tenant for rent when tenant moved out three months before lease expired. The court ruled against landlord without a trial and dismissed the case. The court found that landlord had a duty to rerent the apartment. Landlord appealed. The appeals court ruled for landlord and found that landlord had no obligation to rerent the apartment before the lease expiration date. The court based its ruling on a Court of Appeals decision involving a commercial tenant but which the court said also applied to residential tenants.

Landlord sued former residential tenant for rent when tenant moved out three months before lease expired. The court ruled against landlord without a trial and dismissed the case. The court found that landlord had a duty to rerent the apartment. Landlord appealed. The appeals court ruled for landlord and found that landlord had no obligation to rerent the apartment before the lease expiration date. The court based its ruling on a Court of Appeals decision involving a commercial tenant but which the court said also applied to residential tenants.

Whitehouse Estates, Inc. v. Post: NYLJ, p. 25, col. 1 (6/10/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, McCooe, JJ)

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