Tenants Didn't Prove Valid Renewal Lease Existed

June 30, 1994

LVT Number: 8906

Landlord sued to evict tenants. Tenants asked the court to dismiss landlord's case, claiming they had a valid renewal lease. Landlord had sent them a renewal lease, but tenants never returned it because it omitted a clause that tenants wanted landlord to include. Several months later---after landlord sent tenants a notice of termination---tenants signed the renewal and unilaterally added another tenant to the lease. The court ruled that landlord could evict tenants because there was no renewal lease in effect.

Landlord sued to evict tenants. Tenants asked the court to dismiss landlord's case, claiming they had a valid renewal lease. Landlord had sent them a renewal lease, but tenants never returned it because it omitted a clause that tenants wanted landlord to include. Several months later---after landlord sent tenants a notice of termination---tenants signed the renewal and unilaterally added another tenant to the lease. The court ruled that landlord could evict tenants because there was no renewal lease in effect. By adding another name to the renewal lease landlord offered, tenants rejected landlord's offer. And landlord never accepted the revised renewal lease signed by tenants.

Gammerman v. Kulko: NYLJ, p. 30, col. 3 (6/22/94) (Civ. Ct. Bronx; Turner, J)

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