LEASES

Tenant Can't Sue Landlord's Daughter for Breach of Tenant's Lease

August 24, 2021    

Tenant sued someone he claimed was his landlord, claiming a breach of tenant's lease and seeking $25,000. The named "landlord" asked the court to dismiss the complaint. A copy of the lease in question...

Landlord Didn't Prove There Was a Preferential Rent

March 25, 2021    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, and landlord filed an Article 78 appeal of the DHCR's final decision. The court ruled against landlord, who appealed and lost. The...

Landlord Gave Tenant Vacancy Lease When Adding Tenant's Son

January 25, 2021    

Rent-stabilized tenant complained of rent overcharge and a lease violation. When she sought to add her son as a co-tenant to her lease, landlord agreed and gave them a vacancy lease. The DRA ruled for tenant, finding...

Termination Notice Defective Based on Tenant's Lease Terms

December 14, 2020    

Landlord sued to evict tenant and other apartment occupants, claiming that tenant was month-to-month, after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that landlord'...

Landlord's Son Had Apparent Authority to Sign Lease with Tenant

December 19, 2019    

Landlord sued to evict unregulated month-to-month tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that he had a one-year lease signed in March 2019 and which...

Landlord Can't Increase Preferential Rent During Rent-Stabilized Lease Term

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed a refund, including interest. Landlord appealed and lost. The DRA properly found that the initial $1,659 rent charged per...

Rent-Stabilized Lease Provision for "On-Time Discount" Was Void

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,021, including triple damages. Landlord appealed and lost. The DHCR found that the DRA correctly...

Shareholder Tenant's Lawsuit Against Co-op Board Dismissed

May 20, 2019    

Cooperative shareholder tenant sued landlord cooperative corporation to challenge amendments to her apartment's proprietary lease. Tenant claimed that landlord acted in bad faith. Landlord had amended the...

Landlord Can't Evict Tenant with Ambiguous Lease Rider

March 19, 2019    

Landlord sued to evict rent-stabilized tenant after lease expired, claiming that tenant had agreed to end the lease. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant's...

Tenant's Unrecorded Five-Year Lease Enforceable Against New Landlord

October 29, 2018    

Landlord sued to evict unregulated tenant, claiming that tenant didn't have a current lease. Tenant disagreed and claimed that prior landlord gave him a five-year lease that was still in effect. While Real...

Landlord Properly Offered Occupant a Vacancy Lease After Tenant Died

September 26, 2018    

Occupant of rent-stabilized apartment, who had been prior tenant's roommate, complained that landlord refused to offer him a renewal lease after tenant died. Instead, landlord offered occupant a vacancy lease....

Two Weeks Added to Two-Year Vacancy Lease Didn't Invalidate It

August 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,296, including interest after the DRA disallowed a portion of the individual apartment improvement (IAI...