Tenant Can't Be Sued for Nonpayment During Time He Had No Lease

Rent-stabilized tenant died in November 2011. Her son claimed succession rights and in December submitted to landlord documentation of his residence in the apartment, along with a rent check. Landlord rejected the rent payment and asked tenant's son for more proof of occupancy. Landlord eventually gave the son a renewal lease in his own name commencing on July 1, 2012. Landlord then sued to evict the son for nonpayment of rent for the period between Dec. 1, 2011, and June 30, 2012. Tenant claimed no rent was owed because there was no landlord-tenant relationship before the date that his renewal lease began. The court ruled for tenant and dismissed the case. Tenant had paid all rent due since the period his lease began and couldn't be sued for rent in a summary eviction proceeding for any prior periods. But landlord could start a plenary action against tenant in another court for the value of use and occupancy for the period in question.

33-39 East 65th Street, LLC v. McEntyre: Index No. L&T 84334/12, NYLJ No. 1202596186643 (Civ. Ct. NY; 4/18/13; Wendt, J)