Tenant Didn't Surrender Apartment

March 1, 1999

LVT Number: 13062

(Decision submitted by Larry Furtzaig of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he'd surrendered possession of the apartment to landlord and that he wasn't responsible for any rent accruing after that date. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant remained liable for the rent due under his lease after he moved out.

(Decision submitted by Larry Furtzaig of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he'd surrendered possession of the apartment to landlord and that he wasn't responsible for any rent accruing after that date. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant remained liable for the rent due under his lease after he moved out. Tenant's girlfriend, who had been his roommate, remained in the apartment for three months after tenant moved out. Since tenant hadn't delivered the apartment vacant to landlord, there was no surrender.

One East River Place Realty Co., LLC v. Avent: NYLJ, p. 26, col. 2 (2/26/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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