Tenants Vacated Before Renewal Lease Started

November 1, 1998

LVT Number: 12756

Landlord sued former tenants for back rent after tenants moved out of the apartment. The court ruled for tenants and dismissed the complaint. Landlord appealed, claiming that tenants had renewed their lease, although they had moved out before their then current renewal lease period had ended on Dec. 31, 1991, and the next one began on Jan. 1, 1992. The court ruled for landlord in part. Tenants owed landlord unpaid rent for October, November, and December 1991.

Landlord sued former tenants for back rent after tenants moved out of the apartment. The court ruled for tenants and dismissed the complaint. Landlord appealed, claiming that tenants had renewed their lease, although they had moved out before their then current renewal lease period had ended on Dec. 31, 1991, and the next one began on Jan. 1, 1992. The court ruled for landlord in part. Tenants owed landlord unpaid rent for October, November, and December 1991. But tenants weren't responsible for rent under the 1992 renewal lease because their lease cancellation agreement with landlord stated that the 1992 renewal lease didn't become binding unless a proposed subtenant moved in. This didn't happen.

425 Realty Co. v. Marksohn: NYLJ, p. 26, col. 1 (10/30/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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