Landlord Agreed to Try to Rerent Apartment

June 30, 2000

LVT Number: 14231

Landlord sued tenant for seven months' rent for the remaining portion of the lease term after tenant broke the lease and moved out. The rent was $3,300 per month. Tenant claimed that landlord had a duty to rerent the apartment and hadn't done so. Landlord claimed that it had no such duty and asked the court to rule for it without a trial. The court ruled against landlord. Landlord and tenant had signed an agreement before tenant moved out. The agreement gave significant benefits to landlord and, in return, landlord agreed to make a good-faith effort to rerent the apartment.

Landlord sued tenant for seven months' rent for the remaining portion of the lease term after tenant broke the lease and moved out. The rent was $3,300 per month. Tenant claimed that landlord had a duty to rerent the apartment and hadn't done so. Landlord claimed that it had no such duty and asked the court to rule for it without a trial. The court ruled against landlord. Landlord and tenant had signed an agreement before tenant moved out. The agreement gave significant benefits to landlord and, in return, landlord agreed to make a good-faith effort to rerent the apartment. Landlord had tried to rerent the apartment at rents from 22 percent to 44 percent more than tenant's rent. So there was a question as to whether this was a good-faith attempt. A trial was needed.

Solow Mgmt. Corp. v. Lovelace: NYLJ, 6/28/00, p. 27, col. 6 (Civ. Ct. NY; Samuels, J)

Topics

More like this