Text Messages Help Prove Signed Lease Existed

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant didn’t pay the full amount of rent owed under his lease. Tenant claimed that there was no fully executed lease, so the payments landlord claimed were only partial were in fact full rent payments. Tenant asked the court to dismiss the case. The court ruled against tenant. Landlord produced a copy of a fully executed lease signed by both sides to demonstrate that a valid lease agreement existed. The lease stated that tenant would pay rent to landlord in the amount claimed by landlord. Tenant showed no other agreement to pay a reduced rent. Landlord also presented a record of text messages between himself and tenant that supported landlord’s claim that they had a signed lease agreement. Tenant didn’t deny the truth of the text messages, which were written communications just like letters or emails.

Rosen v. Evolution Holdings, LLC: NYLJ, 7/1/09, p. 27, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)