Loft Tenant Didn't Sign Lease Offered

LVT Number: 12876

Landlord sued to evict loft tenant for refusing to sign a rent-stabilized lease. Tenant asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Landlord had a right to sue tenant for refusing to sign the lease. A trial was needed to determine if landlord had given up the right to evict by letting tenant remain in the loft without a written lease for 18 months while accepting rent. In any event, even if landlord won the case, tenant would get the chance to sign and return the lease.

Landlord sued to evict loft tenant for refusing to sign a rent-stabilized lease. Tenant asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Landlord had a right to sue tenant for refusing to sign the lease. A trial was needed to determine if landlord had given up the right to evict by letting tenant remain in the loft without a written lease for 18 months while accepting rent. In any event, even if landlord won the case, tenant would get the chance to sign and return the lease.

6 Greene St. Assocs. v. Robbins: NYLJ, p. 26, col. 5 (12/21/98) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Rubin, Mazzarelli, JJ)