Tenant's Three-Year Lease Gave Right to Cancel Last 12 Months

Landlord rented tenant a townhouse under a three-year lease that gave tenant the option to cancel "the last year of the lease," which began on March 1, 2008. In July 2007, tenant notified landlord that he intended to cancel the third year and vacate on Feb. 29, 2008. Landlord later sued tenant, claiming that tenant failed to cancel the lease in accordance with its terms and that he owed landlord rent payments from February 2008 until the townhouse was re-rented. Landlord claimed that tenant's right to cancel the lease didn't arise until after the March 1, 2008. Tenant asked the court to dismiss the case. The court ruled for tenant. The plain language of the lease was consistent with tenant's interpretation. Under landlord's interpretation, tenant would in effect be permitted only to cancel the last 10 months. But the lease stated that tenant could cancel the last year.

Sohmer v. Butts: NYLJ, 11/18/09, p. 26, col. 3 (Sup. Ct. NY; Ling-Cohan, J)