Guarantor Liable for Rent Due During Holdover Period

Landlord sued to evict tenant and sued lease guarantor for use and occupancy during the holdover period. Guarantor claimed that he wasn't responsible for use and occupancy. He asked the court to dismiss the claim against him without a trial. Tenant's lease ended on July 14, 2002. Guarantor sent landlord a letter on April 11, 2002, stating that he wouldn't guarantee any payment after the lease ended. The court ruled against guarantor. Guarantor had agreed to cover tenant's obligations under the lease. Guarantor's revocation letter to landlord was sent too late to relieve guarantor of his obligation to pay use and occupancy while tenant held over. Guarantor pointed to another case where no liability was found. But in that case, the guarantor revoked the guarantee before landlord renewed tenant's lease.

131 Seventh Avenue LLC v. Young: NYLJ, 1/5/05, p. 20, col. 1 (Civ. Ct. NY; Samuels, J)