Nonmonetary Obligations Validated Lease Between New Landlord and Tenant

LVT Number: #32299

Landlord sued to evict tenant, who had been the building's prior owner. In 2015 when the building was sold, new landlord gave tenant a lease permitting tenant to live in a portion of the property for 12 years without paying monthly rent, but with additional obligations and duties. Landlord now claimed that the 2015 lease was invalid and that she and tenant had signed a different two-year lease in 2017 for tenant to rent a different apartment at a monthly rent. Tenant denied signing the 2017 lease and asked the court to dismiss the case seeking his eviction from the first apartment.

Landlord sued to evict tenant, who had been the building's prior owner. In 2015 when the building was sold, new landlord gave tenant a lease permitting tenant to live in a portion of the property for 12 years without paying monthly rent, but with additional obligations and duties. Landlord now claimed that the 2015 lease was invalid and that she and tenant had signed a different two-year lease in 2017 for tenant to rent a different apartment at a monthly rent. Tenant denied signing the 2017 lease and asked the court to dismiss the case seeking his eviction from the first apartment. The court ruled for tenant, finding that the 2015 lease was enforceable because tenant's obligations under that lease established consideration, making that lease valid.

Mitchell v. Jackson: Index No. 310645/21, NYLJ 1663068255 (Civ. Ct. Kings; 8/30/22; Weisberg, J)