Court Can't Default Tenant for Not Making Interim Rent Payment

February 19, 2014

LVT Number: #25356

Landlord sued to evict month-to-month tenant. Tenant claimed that he had a five-year renewal option after his leases expired in 2009 and that he had renewed the lease. Landlord argued that the renewal option was unenforceable because it was too vague. While the case was pending, the court ordered tenant to pay $5,400 for two months' rent. When tenant failed to make the payment, the New Rochelle City Court ruled for landlord and granted landlord a judgment of possession. Tenant appealed and won.

Landlord sued to evict month-to-month tenant. Tenant claimed that he had a five-year renewal option after his leases expired in 2009 and that he had renewed the lease. Landlord argued that the renewal option was unenforceable because it was too vague. While the case was pending, the court ordered tenant to pay $5,400 for two months' rent. When tenant failed to make the payment, the New Rochelle City Court ruled for landlord and granted landlord a judgment of possession. Tenant appealed and won. It was an error for the lower court to grant a final judgment of possession at the point it did. If the City Court ultimately determined that a renewal lease existed, it must dismiss the case.

Merenda v. Fried: 42 Misc.3d 136(A), 2014 NY Slip Op 50117(U)(App. T. 2 Dept.; 1/27/14; Tolbert, JP, Nicolai, Iannacci, JJ)

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