Default of Tenant Who Failed to Renew Lease Excused

April 9, 2012

LVT Number: #24035

Landlord sued to evict tenant who failed to renew her lease. The court ruled for landlord based on tenant's failure to appear in court and later denied tenant's request to vacate the default. Tenant appealed and won. Tenant presented a reasonable excuse for her default and a potentially meritorious defense to the case. Tenant's lease expired on Aug. 31, 2008, and she didn't seek to sign the renewal documents until late September. But tenant's failure may have been inadvertent, particularly since there was a prior history of landlord's acceptance of late renewals, and of deemed renewals.

Landlord sued to evict tenant who failed to renew her lease. The court ruled for landlord based on tenant's failure to appear in court and later denied tenant's request to vacate the default. Tenant appealed and won. Tenant presented a reasonable excuse for her default and a potentially meritorious defense to the case. Tenant's lease expired on Aug. 31, 2008, and she didn't seek to sign the renewal documents until late September. But tenant's failure may have been inadvertent, particularly since there was a prior history of landlord's acceptance of late renewals, and of deemed renewals.

270-274 8th Avenue, LLC v. Bakal: 34 Misc.3d 158(A), 2012 NY Slip Op 50429(U) (App. T. 2 Dept.; 3/6/12; LaCava, JP, Molia, Iannacci, JJ)

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