Landlord Didn't Prove Monthly Rent of $500

LVT Number: 8663

Landlord sued to evict loft tenant for nonpayment of rent. The trial court ruled for landlord, and tenant appealed. Tenant claimed his monthly rent was $180, not $500. The appeals court ruled for tenant. Tenant paid $180 to prior landlord. Landlord claimed that tenant signed a stipulation in a Loft Board proceeding agreeing to the $500 rent. But the stipulation didn't set forth any rental amount for tenant's loft. Landlord didn't show other proof that the rent should be $500.

Landlord sued to evict loft tenant for nonpayment of rent. The trial court ruled for landlord, and tenant appealed. Tenant claimed his monthly rent was $180, not $500. The appeals court ruled for tenant. Tenant paid $180 to prior landlord. Landlord claimed that tenant signed a stipulation in a Loft Board proceeding agreeing to the $500 rent. But the stipulation didn't set forth any rental amount for tenant's loft. Landlord didn't show other proof that the rent should be $500.

Katz v. Gelman: NYLJ, p. 21, col. 4 (3/1/94) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)