Trial Needed on What Tenant Owes After Breaking Lease

Landlord sued former tenant for unpaid rent after tenant moved out without notice before his lease expired. Tenant had renewed his lease for two years, then got a dog in violation of a "no pets" clause in his lease. Landlord told tenant to remove the dog or move out. Tenant moved out and gave the keys to the building super on Sept. 29, 2010. Landlord re-rented the apartment in May 2011. Landlord claimed that tenant owed full rent for the months of October 2010 through April 2011, and the difference between his higher rent and new tenant's lower rent from May 2011 through April 2012. Landlord claimed that there was no question of fact and asked the court to rule in its favor without a trial. The court refused. Tenant's mere return of the keys wasn't necessarily a legal surrender of the apartment. But a trial was needed to determine landlord's intent to re-rent the apartment and whether it took control of the apartment after tenant moved out.

233-5 Realty LLC v. Sheehan: Index No. 106393/2011, NYLJ No. 1202532935302 (Sup. Ct. NY; 10/25/11; Mills, J)