Tenants Were Released from Paying Rent Due

January 1, 2005

LVT Number: 17816

Landlord sued former tenant for back rent years after tenant moved out. Landlord claimed that tenants remained responsible for paying rent under their leases for periods after they vacated. Tenants claimed that landlord released them from any future rent payment liability. The court ruled for tenants and dismissed the case. Landlord didn't sign a document stating that it was a release. But landlord accepted keys from tenant and signed a form it used in its office, checking off a box marked ''move out.'' Landlord did not check the box stating that tenants were responsible for future rent.

Landlord sued former tenant for back rent years after tenant moved out. Landlord claimed that tenants remained responsible for paying rent under their leases for periods after they vacated. Tenants claimed that landlord released them from any future rent payment liability. The court ruled for tenants and dismissed the case. Landlord didn't sign a document stating that it was a release. But landlord accepted keys from tenant and signed a form it used in its office, checking off a box marked ''move out.'' Landlord did not check the box stating that tenants were responsible for future rent. This document indicated that landlord released tenants from paying any further rent. Landlord also waited several years before seeking payment.

Jay-Ess Realty Co. v. Rusinova: NYLJ, 12/8/04, p. 20, col. 1 (Civ. Ct. Kings; Nadelson, J)

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