Landlord Can't Sue Former Tenant for Additional Rent

Landlord sued former tenant for damages. Landlord claimed that tenant breached his lease. A lease rider required tenant to give six months' notice if he wasn't renewing his lease. Landlord claimed that tenant owed additional rent for a one-year period after the lease expired. Tenant claimed that the six-month notice was required only if he intended to renew the lease. When the lease expired, he continued as a month-to-month tenant for several months and then moved out. The court ruled for tenant and dismissed the case. The month-to-month tenancy continued on the same terms as the expired lease. And the rider clearly provided that the six-month notice was needed only to request a lease renewal. Tenant gave 30 days' notice that he was ending his month-to-month tenancy and didn't owe any further rent.

Scott v. Ackerman: Index No. 600093/2009, NYLJ No. 1202496244422 (Sup. Ct. NY; 5/11/11; Wooten, J)