LEASES

Tenant Breached Lease by Refusing Landlord Access to Asbestos-Filled Containers

August 23, 2022    

Landlord sued to evict tenant of a single-family rental for material breach of tenant's lease. Tenant uncovered large trailers and shipping containers filled with bags labeled "asbestos" while doing...

Landlord's Former Employee Claims Lease Continues Despite Employment Termination

July 21, 2022    

Landlord sued to evict tenant, who was landlord's former employee. Landlord claimed that the tenancy was subject to employment, which had been terminated. Tenant argued that he had a five-year lease that...

Guarantor Not Responsible for Tenant Obligations Under New Lease

May 25, 2022    

Landlord sued a lease guarantor to enforce the guaranties covered by tenant's 2018 lease. Landlord argued that the guaranties applied to any change, extension of time, or renewal of that lease. The court ruled...

Tenant Can't Sue Landlord's Daughter for Breach of Tenant's Lease

August 24, 2021    

Tenant sued someone he claimed was his landlord, claiming a breach of tenant's lease and seeking $25,000. The named "landlord" asked the court to dismiss the complaint. A copy of the lease in question...

Landlord Didn't Prove There Was a Preferential Rent

March 25, 2021    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, and landlord filed an Article 78 appeal of the DHCR's final decision. The court ruled against landlord, who appealed and lost. The...

Landlord Gave Tenant Vacancy Lease When Adding Tenant's Son

January 25, 2021    

Rent-stabilized tenant complained of rent overcharge and a lease violation. When she sought to add her son as a co-tenant to her lease, landlord agreed and gave them a vacancy lease. The DRA ruled for tenant, finding...

Termination Notice Defective Based on Tenant's Lease Terms

December 14, 2020    

Landlord sued to evict tenant and other apartment occupants, claiming that tenant was month-to-month, after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that landlord'...

Landlord's Son Had Apparent Authority to Sign Lease with Tenant

December 19, 2019    

Landlord sued to evict unregulated month-to-month tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that he had a one-year lease signed in March 2019 and which...

Landlord Can't Increase Preferential Rent During Rent-Stabilized Lease Term

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed a refund, including interest. Landlord appealed and lost. The DRA properly found that the initial $1,659 rent charged per...

Rent-Stabilized Lease Provision for "On-Time Discount" Was Void

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,021, including triple damages. Landlord appealed and lost. The DHCR found that the DRA correctly...

Shareholder Tenant's Lawsuit Against Co-op Board Dismissed

May 20, 2019    

Cooperative shareholder tenant sued landlord cooperative corporation to challenge amendments to her apartment's proprietary lease. Tenant claimed that landlord acted in bad faith. Landlord had amended the...

Landlord Can't Evict Tenant with Ambiguous Lease Rider

March 19, 2019    

Landlord sued to evict rent-stabilized tenant after lease expired, claiming that tenant had agreed to end the lease. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant's...