Valid Lease Existed

July 31, 2003

LVT Number: 16722

Landlord sued tenant for rent owed under a lease for a townhouse. Tenant, who lived in London, never moved into the townhouse after signing the lease. He wrote to landlord stating that his plans had changed but that he would pay rent until landlord found another tenant. Tenant paid rent for two months then claimed that the lease was invalid because he never received a fully signed copy from landlord. The court ruled for tenant and dismissed the case. Landlord appealed and won. The lease was valid.

Landlord sued tenant for rent owed under a lease for a townhouse. Tenant, who lived in London, never moved into the townhouse after signing the lease. He wrote to landlord stating that his plans had changed but that he would pay rent until landlord found another tenant. Tenant paid rent for two months then claimed that the lease was invalid because he never received a fully signed copy from landlord. The court ruled for tenant and dismissed the case. Landlord appealed and won. The lease was valid. It stated that by signing and delivering the lease to landlord, tenant was making a binding lease offer unless landlord didn't sign and deliver the lease to tenant within 10 days. Although landlord never sent tenant a fully signed copy of the lease, tenant had acknowledged the binding lease in a letter to landlord and paid the first two months' rent. So tenant can't claim that there was no valid lease.

Townhouse Co., LLC v. Williams: NYLJ, 7/28/03, p. 19, col. 1 (App. Div. 1 Dept.; Nardelli, JP, Saxe, Sullivan, Gonzalez, JJ)

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