Landlord Can't Get Back Rent from Tenant Who Moved Out Under Surrender Agreement
LVT Number: #30274
Landlord sued former rent-stabilized tenant for unpaid rent after tenant moved out of the apartment. The court ruled against landlord, who appealed and lost. Tenant moved out after landlord sued to evict tenant and the parties signed a stipulation of settlement. That stipulation required tenant to surrender possession of the apartment by Jan. 8, 2016. Tenant did so, and landlord re-rented the apartment effective Aug. 15, 2016. In August 2017, landlord demanded back rent owed from tenant up to the re-rental point. But, because of the surrender agreement, tenant wasn't responsible for rent arrears after Jan. 31, 2016. Nothing in that agreement indicated any intention on the part of tenant to pay rent after the apartment surrender or to waive any defense to a claim for post-surrender rent. Landlord was entitled to recover only outstanding rent for December 2015 and January 2016.
Rockaway One Company LLC v. Alston: 64 Misc.3d 133(A), 2019 NY Slip Op 51081(U) (App. T. 1 Dept.; 7/1/19; Ling-Cohan, JP, Gonzalez, Cooper, JJ)