Tenant Who Moved Out Early Must Pay Difference Between His Rent and New Tenant's

LVT Number: 16270

(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Facts:Landlord sued to evict tenant for nonpayment of rent. Tenant's monthly rent was $4,500, and tenant owed two months' rent. Tenant moved out after the case started. Landlord rerented the apartment for less rent than tenant had been paying. But landlord continued the court case and asked that tenant pay the balance of the rent due under tenant's lease. Tenant claimed that he wasn't responsible for the rest of the rent under the lease and that it was landlord's responsibility to rerent the apartment.

(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Facts:Landlord sued to evict tenant for nonpayment of rent. Tenant's monthly rent was $4,500, and tenant owed two months' rent. Tenant moved out after the case started. Landlord rerented the apartment for less rent than tenant had been paying. But landlord continued the court case and asked that tenant pay the balance of the rent due under tenant's lease. Tenant claimed that he wasn't responsible for the rest of the rent under the lease and that it was landlord's responsibility to rerent the apartment. Court:Landlord wins. Landlord has no duty to make up for the loss caused by tenant's early move-out. However, landlord did so by rerenting the apartment. Since landlord couldn't get the same rent as tenant had paid, tenant must pay landlord the difference between his rent and new tenant's rent for the balance of tenant's lease period.

BMB Properties, LLC v. Koondel: L&T Index No. 99373/01 (Civ. Ct. NY 11/8/02; Bedford, J) [8-pg. doc.]

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