Tenant Who Broke Lease Responsible for Rent

June 30, 2011

LVT Number: #23485

Landlord sued tenant to recover unpaid rent after tenant broke the lease and moved out of the apartment. Tenant, in turn, asked for a refund of his security deposit. Tenant claimed that he was terrified in his apartment and neighborhood, had been threatened, and that someone had tried to break in. The court ruled for landlord. Tenant didn't get landlord's permission to terminate his lease. Landlord didn't owe tenants a duty to protect them from dangers in the neighbor and wasn't an insurer of tenant's safety. There was no claim of past criminal activity in the building.

Landlord sued tenant to recover unpaid rent after tenant broke the lease and moved out of the apartment. Tenant, in turn, asked for a refund of his security deposit. Tenant claimed that he was terrified in his apartment and neighborhood, had been threatened, and that someone had tried to break in. The court ruled for landlord. Tenant didn't get landlord's permission to terminate his lease. Landlord didn't owe tenants a duty to protect them from dangers in the neighbor and wasn't an insurer of tenant's safety. There was no claim of past criminal activity in the building.

2784 Morris Estates LLC v. Zimmerman: Index No. 84663/10, NYLJ No. 1202497864766 (Civ. Ct. Bronx; 6/13/11; Franco, J)

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