Lease Didn't Obligate Landlord to Buy Tenant's Furnishings
LVT Number: 15844
Tenant broke his lease and moved out without removing his furnishings. Landlord left the furnishings in the apartment and rented it to new tenant. Old tenant then sued landlord, claiming that landlord had agreed to buy tenant's furnishings but didn't pay him. Landlord asked the court to dismiss the complaint. The court ruled for landlord. Tenant appealed and lost. Tenant's lease didn't require landlord to buy tenant's furnishings. In fact, the lease required tenant to remove his furnishings when he moved out. And even if the lease didn't bar a later oral agreement between landlord and tenant, there was no agreement here. Landlord denied any agreement to buy tenant's furnishings, and tenant admitted that he and landlord never agreed on a price.
Garcete v. Lazar: NYLJ, 5/6/02, p. 19, col. 3 (App. Div.1 Dept.; Andrias, JP, Sullivan, Wallach, Rubin, Gonzalez, JJ)