Guaranty Lapsed After Lease Ended

August 31, 2006

LVT Number: 19084

Landlord sued tenant's guarantor for unpaid rent or use and occupancy. The court ruled against landlord. Landlord appealed and lost. Tenant's lease stated that landlord was responsible for tenant's obligations under the lease in the event that the lease was renewed, changed, or extended in any way. Since there was no written lease extension after May 31, 2003, the guarantor wasn't responsible for any unpaid rent or use and occupancy after this period.

Landlord sued tenant's guarantor for unpaid rent or use and occupancy. The court ruled against landlord. Landlord appealed and lost. Tenant's lease stated that landlord was responsible for tenant's obligations under the lease in the event that the lease was renewed, changed, or extended in any way. Since there was no written lease extension after May 31, 2003, the guarantor wasn't responsible for any unpaid rent or use and occupancy after this period.

360 West 55th St. LP v. Anvar: NYLJ, 8/10/06, p. 29, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)

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