Tenant Who Never Moved in Must Pay Rent

January 1, 2011

LVT Number: #23088

Landlord sued tenant for unpaid rent. Tenant had signed an initial lease and gave landlord a significant security deposit. But tenant never moved in after finding out she was pregnant. Tenant claimed that landlord told her he would re-rent the apartment. Tenant said she would otherwise have found a subtenant if landlord told her it was her responsibility to continue to pay rent. The court ruled for landlord. Even if landlord said it would try to re-rent the apartment, that didn't stop landlord from enforcing the terms of the lease.

Landlord sued tenant for unpaid rent. Tenant had signed an initial lease and gave landlord a significant security deposit. But tenant never moved in after finding out she was pregnant. Tenant claimed that landlord told her he would re-rent the apartment. Tenant said she would otherwise have found a subtenant if landlord told her it was her responsibility to continue to pay rent. The court ruled for landlord. Even if landlord said it would try to re-rent the apartment, that didn't stop landlord from enforcing the terms of the lease. Tenant was obligated to pay rent until the lease term ended.

Frebar Development Corp. v. Posner: Index No. 103525/2010, NYLJ No. 1202475757835 (Sup. Ct. NY; 11/16/10; Wooten, J)

Topics

More like this