Tenant Proved Oral Lease Existed

April 30, 2006

LVT Number: 18844

Tenant sued landlord for collecting a rent overcharge. Tenant claimed he moved into the rent-stabilized apartment in 1998 under an oral lease with landlord. Landlord asked the court to dismiss the case. He claimed that someone else was the apartment tenant, and showed a 2001 renewal lease for that individual. Landlord said he allowed tenant to live in the apartment as an accommodation and at an amount that was less than the lease rent. The court ruled for tenant. Landlord didn't show that tenant named on the lease ever lived in the apartment. So that tenancy was illusory.

Tenant sued landlord for collecting a rent overcharge. Tenant claimed he moved into the rent-stabilized apartment in 1998 under an oral lease with landlord. Landlord asked the court to dismiss the case. He claimed that someone else was the apartment tenant, and showed a 2001 renewal lease for that individual. Landlord said he allowed tenant to live in the apartment as an accommodation and at an amount that was less than the lease rent. The court ruled for tenant. Landlord didn't show that tenant named on the lease ever lived in the apartment. So that tenancy was illusory. Tenant proved he lived in the apartment under an oral lease. A trial was needed to determine the amount of the rent overcharge.

Nakamura v. Carlton Consulting Corp.: NYLJ, 4/12/06, p. 26, col. 2 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Rios, JJ)

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