Tenant Must Pay Rent Due While Cotenant in Occupancy

February 1, 1999

LVT Number: 12976

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he had moved out after landlord sent the eviction notice and shouldn't be held responsible for rent beyond that point. The court ruled against landlord, and landlord appealed and won. Even though tenant had moved out, tenant's wife had remained in the apartment for some time after landlord sent the termination notice. Tenant's wife had also signed the lease as a cotenant. So they were jointly liable for the back rent of $21,350 owed to landlord.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he had moved out after landlord sent the eviction notice and shouldn't be held responsible for rent beyond that point. The court ruled against landlord, and landlord appealed and won. Even though tenant had moved out, tenant's wife had remained in the apartment for some time after landlord sent the termination notice. Tenant's wife had also signed the lease as a cotenant. So they were jointly liable for the back rent of $21,350 owed to landlord.

McCurdy v. Bourne: NYLJ, p. 29, col. 6 (1/11/99) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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