Landlord Entitled to Back Rent and DOB Fines When Tenant Moved Out

November 17, 2020

LVT Number: #31070

Landlord sued tenant, seeking to recover rent arrears and fines imposed by DOB relating to tenant's unauthorized rental of his apartment for transient use through Airbnb. The court ruled for landlord without trial and entered a money judgment for landlord in the amount of $36,829. Tenant had moved out of the apartment before his lease terminated. This didn't release him from liability for the payment of rent and related expenses. Tenant now claimed that pretrial questioning was needed before the court could have ruled on the issues.

Landlord sued tenant, seeking to recover rent arrears and fines imposed by DOB relating to tenant's unauthorized rental of his apartment for transient use through Airbnb. The court ruled for landlord without trial and entered a money judgment for landlord in the amount of $36,829. Tenant had moved out of the apartment before his lease terminated. This didn't release him from liability for the payment of rent and related expenses. Tenant now claimed that pretrial questioning was needed before the court could have ruled on the issues. But tenant didn't raise this before the lower court and, even if requested, the appeals court would have rejected the request. 

Madison Ave. I LLC v. Marecheau: 2020 NY Slip Op 06223, App. No. 12248/Case No. 2019-04187 (App. Div. 1 Dept.; 10/29/20; Manzanet-Daniels, JP, Mazzarelli, Moulton, Kennedy, JJ)

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