Tenants Had Good Reason for Not Signing

July 31, 1994

LVT Number: 8960

Landlord sued to evict tenant for not signing a renewal lease. Tenant had moved out of the apartment temporarily due to a flood. He argued that he'd waited until his nonpayment case was decided, and until landlord had completed the needed repairs before signing a renewal. The trial court ruled for tenant, and landlord appealed. Landlord loses. Tenant's delay in signing the renewal was excusable due to his justifiable temporary absence from the apartment.

Landlord sued to evict tenant for not signing a renewal lease. Tenant had moved out of the apartment temporarily due to a flood. He argued that he'd waited until his nonpayment case was decided, and until landlord had completed the needed repairs before signing a renewal. The trial court ruled for tenant, and landlord appealed. Landlord loses. Tenant's delay in signing the renewal was excusable due to his justifiable temporary absence from the apartment.

Naples Leasing Corp. v. Gaines: NYLJ, p. 26, col. 1 (7/15/94) (App. T., 1 Dept.; Parness, McCooe, Glen, JJ)

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