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.

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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)