Tenant Who Didn't Sign Invalid Renewal Lease Still Must Pay Rent

LVT Number: #23328

Landlord, a receiver appointed for the building, sued rent-stabilized tenant for nonpayment of rent owed for the months between March 2010 and February 2011. Tenant claimed that he didn't owe rent. He had signed a lease with a preferential rent rider for $900 per month. Prior landlord later offered a renewal lease, but terminated the preferential rent and required a security deposit. Tenant claimed that the renewal lease offered was improper.

Landlord, a receiver appointed for the building, sued rent-stabilized tenant for nonpayment of rent owed for the months between March 2010 and February 2011. Tenant claimed that he didn't owe rent. He had signed a lease with a preferential rent rider for $900 per month. Prior landlord later offered a renewal lease, but terminated the preferential rent and required a security deposit. Tenant claimed that the renewal lease offered was improper. The court agreed that the renewal lease was improper, but since tenant didn't sign a renewal, landlord could deem the lease as renewed under the same terms and conditions as the expired lease. So tenant must pay rent at the rate due under his last lease, and owed landlord $10,800.

Calderoni v. Williams: Index No. 558/11, NYLJ No. 1201490143235 (Civ. Ct. Bronx; 3/24/11; Alpert, J)